gtg506p
03-09 09:56 AM
Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.
wallpaper en Nuestra belleza Latina
mhtanim
08-27 04:21 PM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?
What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?
aadimanav
06-14 11:13 AM
Any one???
2011 Nuestra Belleza Latina 2010
map_boiler
04-28 11:22 AM
...that the new job is similar or related to the pending I-485 application.
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
more...
ivar
07-12 06:30 PM
Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
more...
Raju
09-21 04:48 PM
Thanks! guys.....All in the same boat then....Screwed.....
Welcome Harish. We are in the same boat. The only way out of this mess is to influence some legislation and that needs lot of Money and Members. Help yourself by making more people signup and contributing money for the cause.
Welcome Harish. We are in the same boat. The only way out of this mess is to influence some legislation and that needs lot of Money and Members. Help yourself by making more people signup and contributing money for the cause.
2010 DE NUESTRA BELLEZA LATINA
string_235
12-05 05:29 PM
Hi,
My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?
When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.
"Validation Error(s)
You must correct the following error(s) before proceeding:
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.
Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.
Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?
Greatly appreciate your help in this regard!!!!
My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?
When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.
"Validation Error(s)
You must correct the following error(s) before proceeding:
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.
Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.
Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?
Greatly appreciate your help in this regard!!!!
more...
veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
hair nuestra belleza latina 2010.
kondur_007
11-09 02:54 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:
I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.
1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.
So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?
If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.
Good Luck.
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:
I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.
1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.
So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?
If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.
Good Luck.
more...
hur11
01-22 08:48 PM
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
hot NUESTRA BELLEZA LATINA- 2010.
nixstor
09-23 04:46 PM
You might get soft LUD's or hard LUD's. Even if CIS wanted to approve your application and requested for a visa number from DOS, DOS systems are not going to assign any visa number because DOS made them U and the case will have a pending visa number status. If there was any chance for overflow, we would have seen some date rather than U.
more...
house EN NUESTRA BELLEZA LATINA
questions
06-06 02:02 AM
Hi Bhatt,
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
tattoo Nuestra Belleza Latina 2010
gcwait2007
07-07 01:38 PM
I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?
If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
more...
pictures quot;NUESTRA BELLEZA LATINA
ganip
10-30 03:43 PM
We applied for SSN today, they said the same thing that it should not be a problem to get SSN. But i guess the best option would be to refile instead of waiting for renewal as i plan to use my EAD and work.
dresses Ana Patricia Nuestra Belleza Latina: Re: NUESTRA BELLEZA LATINA- 2010.
gauravsh
05-04 06:27 PM
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
more...
makeup Nuestra Belleza Latina 2010
immi_enthu
08-20 06:10 PM
Hi,
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
are you referring to this :
http://www.flcdatacenter.com/CasePerm.aspx
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
are you referring to this :
http://www.flcdatacenter.com/CasePerm.aspx
girlfriend for Nuestra Belleza Latina
uma001
11-16 04:51 PM
so, 9 days means urgent....
hairstyles de Nuestra belleza latina
CADude
09-28 11:46 AM
:D:D
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
.
.
.
.
.
.
.
.
Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
.
.
.
.
.
.
.
.
Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
veni001
10-09 08:34 PM
I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.
Rest should have been consumed-by CP and 245(i)(follow to join):D
Rest should have been consumed-by CP and 245(i)(follow to join):D
Vel
01-21 01:36 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
No comments:
Post a Comment