Rb_newsletter
08-20 03:35 PM
I would suggest get the passport renewed in India using tatkal system. That way you don't have to worry about POE or getting your passport renewed in USA.
meridiani.planum
03-31 09:06 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?
Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?
Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...
Wish_Good
06-22 06:04 PM
Hi Attorney's,
Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.
My Sincere thanks for responses to my earlier posting.
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.
Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.
Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.
Looking into this.
My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.
Please help me.
Thanks a Lot in Advance.
Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.
My Sincere thanks for responses to my earlier posting.
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.
Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.
Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.
Looking into this.
My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.
Please help me.
Thanks a Lot in Advance.
RedHat
08-29 11:41 PM
Today i got REF regarding my GC .
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
more...
sundeep14
11-14 11:07 AM
Good Replies / Discussions ...
jchan
08-01 11:52 AM
I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.
Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.
more...
Phaedra
05-30 11:28 PM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
2)How does USCIS actually track who is employed and who is not?
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
2)How does USCIS actually track who is employed and who is not?
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
USA2007
08-15 07:38 PM
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
more...
lostinbeta
10-21 01:39 AM
W00t!!!!!!!
I love it =)
I love it =)
gultie2k
07-07 11:37 AM
Kalyan, sorry to hear your case.
What reasons were you given for the denial of your case?
What reasons were you given for the denial of your case?
more...
gchopes
11-05 07:37 PM
What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?
rockstart
07-30 07:21 PM
I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree
more...
chanduv23
11-14 08:16 PM
This is the time to channelize all your frustration into positive energy. Yes, we can collective work towards ending retrogression.
Join your State Chapter today
Follow the link
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
Come on folks, this is time for action.
Start working towards IVs goals and you will be glad that you are doing it.
Join your State Chapter today
Follow the link
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
Come on folks, this is time for action.
Start working towards IVs goals and you will be glad that you are doing it.
TheHulk
09-11 10:50 AM
I was in a similar situation with EAD
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
more...
gc_peshwa
01-26 06:55 PM
Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)
gccube
04-08 10:18 AM
I called the TSC IO a few times and finally it got cleared. Yes my PD is current and I wish the case gets assigned to some one soon.
more...
santb1975
04-10 06:02 PM
Together we can accomplish a lot
pappu
07-26 10:55 AM
pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.
no my point was--
is there an expiry date for labor approval if 140 is not filed?
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.
no my point was--
is there an expiry date for labor approval if 140 is not filed?
rolrblade
04-03 07:45 AM
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.
It might also help to give a reason as to why you were late in responding.
I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.
It might also help to give a reason as to why you were late in responding.
roseball
03-29 03:34 PM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
reverendflash
10-28 10:04 PM
I know how you feel...
I just had a $5k client "crawfish" on me...
It wasn't totally his fault, he went out of business... :*(
I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(
Oh well, back to the streets to drum up more clients...
::holds up a sign that says "will make web site for food" ::
Rev:elderly:
I just had a $5k client "crawfish" on me...
It wasn't totally his fault, he went out of business... :*(
I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(
Oh well, back to the streets to drum up more clients...
::holds up a sign that says "will make web site for food" ::
Rev:elderly:
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