ivar
01-21 02:12 PM
Dear IV Friends,
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
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immiusa
06-17 12:04 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
gimme_GC2006
05-04 05:58 PM
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:
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h1techSlave
01-05 11:57 AM
Is Eb3 --> Eb2 porting a wide spread phenomina?
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
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perm2gc
08-28 05:15 PM
Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...
Your attorney or your employer are good resources to ask..
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...
Your attorney or your employer are good resources to ask..
InLineOnLine
03-10 06:57 PM
??
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sam_hoosier
05-18 01:18 PM
Agree with the OP. This is an immigration forum. Random thoughts and observations that have nothing to do with immigration dont really belong here. There are many other discussion forums available where politics, sports etc can be discussed.
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stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
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clif
03-01 01:44 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
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ski_dude12
08-09 01:09 PM
The top reason would be-
"We are the USCIS".
What say?
"We are the USCIS".
What say?
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averagedesi
09-23 08:45 PM
I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.
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howzatt
04-13 12:25 PM
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
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MDix
09-13 10:10 AM
What are the chances of piecemeal bill in this congress ( next two week)?
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harsh
12-30 11:17 AM
what is interesting is why is EB2 stuck on Jan 2003? At least with EB3 we know that due to 245(i) it was stuck for a long time in April. I still can't figure out EB2 is stuck for such a long time in Jan 03.
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Dhundhun
10-09 07:06 PM
Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
Very much true.
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
Very much true.
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anu_t
08-05 01:43 PM
Oh. How I wish it becomes true. But then there will be another line. :)
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jthomas
05-06 01:53 AM
If you think to consider option 4th
As per AC-21 you can port to self employment. Creating a website, a business plan, can be done within few days and if you can prove that you were working on self employment then i think you should be okay. Ac-21 does mention they need same or similar job requirement and wages won't be a question.
Let me know if you wish to try out this option. I can give you more suggestion. However i am not sure whether this will work or not.
Maybe you can try telling the truth and see whether you can come out of this.
As per AC-21 you can port to self employment. Creating a website, a business plan, can be done within few days and if you can prove that you were working on self employment then i think you should be okay. Ac-21 does mention they need same or similar job requirement and wages won't be a question.
Let me know if you wish to try out this option. I can give you more suggestion. However i am not sure whether this will work or not.
Maybe you can try telling the truth and see whether you can come out of this.
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gconmymind
04-07 03:49 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
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greencardvow
07-26 01:46 PM
Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
gimme Green!!
07-25 05:13 PM
I donate blood with the American Red Cross once every 2 months.
The limit that you cannot donate if you visit India is 1 year, per them due to India being infested by (clearing my throat) 'MALARIA'.
You are Ok if you just visitied the Himalayas and got back, though. The virus or whatever that causes it cannot live on high altitudes.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
The limit that you cannot donate if you visit India is 1 year, per them due to India being infested by (clearing my throat) 'MALARIA'.
You are Ok if you just visitied the Himalayas and got back, though. The virus or whatever that causes it cannot live on high altitudes.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
jkm2282
01-07 07:55 AM
I had my interview on the 30th and my passport has not been delivered yet. The VFS website says that the passport has not been handed over to them as of today. I was not given any 221g slip/form and the VO told me that i should be getting my PP in 5 days, it's been a week now and VFS hasn't got the PP yet. Is there something i should be worried about? I have my return ticket booked for next weekend and i am getting a bit nervous about the whole scenario. Does anyone know if there is any other way to get in touch with the New Delhi consulate?
Thanks.
Thanks.
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