txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
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insbaby
02-25 09:25 PM
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
You will receive a NOID first.
You have to pay for your MTR, before they deny. :cool: (In other words, you have to pay for your denial)
You will receive a NOID first.
You have to pay for your MTR, before they deny. :cool: (In other words, you have to pay for your denial)
vsoni
03-31 10:05 AM
This is strange � I was in the same situation you are now few months ago. I had expired visa from company A and I change to company B �six month ago I got visa stamped by Halifax Canada office. I had company visa expired less then one year. I don�t have any AP at that time, may be I am lucky.
I don�t know if any rules changed since then.
I don�t know if any rules changed since then.
2011 miss you friend. love you
fittan
04-23 03:26 PM
gc28262,
I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.
I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).
I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.
Fittan
I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.
I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).
I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.
Fittan
more...
HRPRO
02-22 02:10 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
more...
tinuverma
11-09 02:44 PM
Guys
I am still waiting for an answer here..which date would be the AOS...july 23rd or oct 17th?
I am still waiting for an answer here..which date would be the AOS...july 23rd or oct 17th?
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pappu
08-23 06:35 PM
I tried to educate some of the university students( MS) about our issue. They dont
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
more...
desigirl
12-02 09:42 AM
what are our chances if the Dream Act does not pass? Dream is #7 on the list.
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krishnam70
05-01 04:23 PM
Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..
Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.
They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).
goodluck and keep the forum posted on your progress so others may benefit
- cheers
kris
Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.
They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).
goodluck and keep the forum posted on your progress so others may benefit
- cheers
kris
more...
pappu
09-23 01:33 AM
There is a lot of media coverage for the rally. Could everyone post links on the thread. We will then prepare a list and add it to 'IV in the news' page.
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asanghi
03-29 04:35 PM
What can I do? Franklin, Can you also send the documents to me. I ,live in Santa Clara. I know my congressman is Mike Honda. How do I find out who is my senator?
more...
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nogc_noproblem
04-15 03:24 PM
It is good that at last you came out of the trap. Best wishes.
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
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acecupid
06-12 03:58 PM
This is terrible news !:eek:
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fromnaija
03-08 05:53 PM
Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
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bsbawa10
06-11 08:23 PM
Sorry, for this dump question, but is Fp done very year until you get your gc ?
more...
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LloydsApple
11-11 06:04 PM
that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!
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webm
02-28 01:36 PM
Dear friends,
I am not fully clear on this..
Are they going to be seperate FP notices one for 485 and one for 765??
So far I have received only one FP notice..So does this effect EAD renewals??
Any one on the same boat??
Thanks!
I am not fully clear on this..
Are they going to be seperate FP notices one for 485 and one for 765??
So far I have received only one FP notice..So does this effect EAD renewals??
Any one on the same boat??
Thanks!
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Bezzer
09-06 10:15 AM
um and theres many sites with ps tutorials... www.phong.com something starting with r...heh oh yeah and www.eyeballdesign.com has some good tutorials...though they mostly focus on interface design...oh well
The thing i could sugest is for you to do a search on like google for ps7 tutorials...
**** i really need to get ps7
The thing i could sugest is for you to do a search on like google for ps7 tutorials...
**** i really need to get ps7
Sakthisagar
11-16 01:05 PM
Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??
qplearn
09-30 05:38 PM
You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.
I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.
Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.
I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.
Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.
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