Anders �stberg
July 15th, 2004, 03:12 PM
Thanks Nick!
I have this goal, or more of a hope really, of coming home with one "OK" shot every time I go out. It doesn't always happen, but today makes up for a couple of those not so good days. :)
I have this goal, or more of a hope really, of coming home with one "OK" shot every time I go out. It doesn't always happen, but today makes up for a couple of those not so good days. :)
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krishmunn
09-30 11:58 AM
Unfortunately NO. you cannot declare anything while leaving India.
Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.
Also, carry your Indian receipts.
Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.
Also, carry your Indian receipts.
makemygc
08-16 09:46 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
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sevenm
12-09 02:09 PM
The fiscal year starts in October 2007. Although you can apply from April 1, 2007 you can start working on October 1, 2007. You have to maintain legal status until October 1. Yor apllication for H1B does not guarantee you legal status before october 1.
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xu1
08-08 09:49 PM
I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.
And I'm more sorry to say: you haven't helped a single bit in your wait, wait and wait and more..
IV is doing all it can to organize a grassroot effort. Yes, the CIR probably have failled but then an organization by its pure belief and dedication to its own cause has demonstrated that we can help shape the law in the democracy. And by the time I become a US citizen, the time I spent watching how IV grows will help me become an effective participant in the democratic world of free market and capitalism.
God helps those who help themselves. Yes, in the end you may as well get your GC just most others here do. Let me simply end my displeasure reading your negativity with a good will: i hope the DOL, USCIS and the bureaucracy will take care of your GC dream.
And I'm more sorry to say: you haven't helped a single bit in your wait, wait and wait and more..
IV is doing all it can to organize a grassroot effort. Yes, the CIR probably have failled but then an organization by its pure belief and dedication to its own cause has demonstrated that we can help shape the law in the democracy. And by the time I become a US citizen, the time I spent watching how IV grows will help me become an effective participant in the democratic world of free market and capitalism.
God helps those who help themselves. Yes, in the end you may as well get your GC just most others here do. Let me simply end my displeasure reading your negativity with a good will: i hope the DOL, USCIS and the bureaucracy will take care of your GC dream.
surachi
01-16 04:00 PM
Any updates on this issue?
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
more...
smuggymba
03-07 09:40 AM
I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.
My question is whether I can retain my PD with an approved I-140:
1.) If the employer hasn't taken any decision to cancel I-140.
2.) If the employer writes to USCIS about cancelling I-140.
Thanks.
My question is whether I can retain my PD with an approved I-140:
1.) If the employer hasn't taken any decision to cancel I-140.
2.) If the employer writes to USCIS about cancelling I-140.
Thanks.
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english_august
07-09 07:56 AM
Please refer to this thread:
http://immigrationvoice.org/forum/showthread.php?p=103700
http://immigrationvoice.org/forum/showthread.php?p=103700
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ashmeetk
07-12 03:21 PM
says you are exempt from cap if you held H1B status anytime in the last 6 year
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
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750|140|765|131|485
11-24 12:43 AM
If your co-worker is giving you the letter it makes more sense to have it notarized to make sure that he really signed it - Its okay if he signs in front of Canada or other countrie's notary public. Since this an RFE - you dont want to take any chances.
In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!
************* general layout , change accordingly ************
January 01, 2007
US Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140
Re: XXXX XXXXX
TO WHOM IT MAY CONCERN:
I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.
During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.
Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.
Sincerely,
___________________________________
Mr. ZZZZ ZZZZZ
Designation
Company Name
**************************************
You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.
In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!
************* general layout , change accordingly ************
January 01, 2007
US Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140
Re: XXXX XXXXX
TO WHOM IT MAY CONCERN:
I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.
During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.
Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.
Sincerely,
___________________________________
Mr. ZZZZ ZZZZZ
Designation
Company Name
**************************************
You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.
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msp1976
05-26 11:44 AM
Thank you to you all...
Core team,
QGA Associates,
Staff of senators,
Senators,
You guys have worked hard and your efforts are appreciated....
Core team,
QGA Associates,
Staff of senators,
Senators,
You guys have worked hard and your efforts are appreciated....
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gsrknth
08-22 12:18 PM
e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
more...
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485Mbe4001
11-14 06:48 PM
ask him to fax you the copy of the letter he got from BEC, something is not right here. Show it to another lawyer. Looks like he made a mistake when he filed for your labor.
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
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gc_chahiye
10-05 04:12 PM
How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
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mbartosik
11-09 07:17 PM
The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
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Lasantha
03-16 02:40 PM
My I-485 receipt notice does not have a PD on it either. Is that normal?
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
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485Mbe4001
11-17 12:12 PM
if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.
Thanks
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.
Thanks
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petersebastian
03-31 05:40 PM
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
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martinvisalaw
12-01 06:01 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
crystal
09-14 03:39 PM
are we not aliens?
i hear as if some aliens are speaking .
i hear as if some aliens are speaking .
morchu
04-21 02:45 PM
Try to be "truthful" in the "intent".
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
