doesntmatter
05-20 05:21 PM
Background:
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
No Notice of Intent to Deny; Straight denial notice in around 8 business days
EB2; Priority Date: Mar 14 2005
LC: Approved Mar 2007
I-140 Approved May 2007
1-485 Applied Aug 2007
First RFE: Only G325
Second RFE: 4 Items
1. Signature issue in Medical forms - redid the forms
2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
3. Travel dates since the first arrival at USA - furnished all of them
4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
What happened in that time?
Was with Company 2 on L1-B
L1-B was about to expire by Aug 29, 2001;
Applied for L1-B extension on Aug 3, 2001;
RFE on L1-B extension on Feb 23 2002;
Response submitted for RFE on Mar 3 2002;
NO RESPONSE TILL SEPTEMBER 2002
Apply for H1-B with Company 3 on August 20, 2002;
ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
Obtained H1-B visa and travelled back June 2003;
Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;
FURNISHED THE COPY OF THE H1-B PETITION in my response.
Denial Notice was sent out today (have not received it yet).
Is it possible that USCIS finds me ineligible for AOS based on:
Normal Eligibility Standards of AOS under Section 245(a)
Alien must be �eligible� for immigration; and
Ineligible classes
Alien was employed in the United States without USCIS authorization prior to filing AOS application;
If so:
1. Will I be able to do a MTR or an appeal?
Or
2. Is a lawsuit the only way to go since I will not be allowed to appeal?
How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.
P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.
lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
gcpadmavyuh
09-23 01:51 PM
Thanks Jindhal.
I have been working with the Director of International Students office at the university from day 1.
After going through the discussions, and convincing her that my wife can work, she is now asking for law that allows AOS candidates to take up graduate study.
Frustrating!
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
I have been working with the Director of International Students office at the university from day 1.
After going through the discussions, and convincing her that my wife can work, she is now asking for law that allows AOS candidates to take up graduate study.
Frustrating!
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
dpsg
03-24 02:51 PM
Folks,
Can someone verify these numbers are correct. If It is skewed
I will call Ms Rosemary to correct them.
http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf
Thanks,
Can someone verify these numbers are correct. If It is skewed
I will call Ms Rosemary to correct them.
http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf
Thanks,
more...
ThackeG67
08-08 08:20 PM
Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks
SunnySurya
08-21 05:40 PM
I was born on December 26, 1968, will it be Gemini?
Are you a gemini? If this is also an yes I will go further to predict more
Are you a gemini? If this is also an yes I will go further to predict more
more...
JA1HIND
01-26 11:04 AM
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
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BharatPremi
11-01 02:40 PM
When I filed my 485, I gave My company address in all the applications. My company is in Washington State.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.
more...
thomachan72
04-18 07:17 AM
one of my friends.
Premium processing, general (non-masters) catagory got email notification for reciept of his application yesterday evening.
Premium processing, general (non-masters) catagory got email notification for reciept of his application yesterday evening.
ashkam
07-24 09:44 AM
Hi..what is "succession of interest" document...is it the actual 'merger' contract ?
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
Hello Ravi
You need to talk to someone in the law firm (if possible) who did all the paperwork for the merger because they would be the ones to know about this clause. If that's not possible, talk to your HR and ask them to get this clarified from the lawfirm. The succession of interest document is something which your company has to provide to the CIS. I don't know if they would need to attach the merger contract as evidence.
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
Hello Ravi
You need to talk to someone in the law firm (if possible) who did all the paperwork for the merger because they would be the ones to know about this clause. If that's not possible, talk to your HR and ask them to get this clarified from the lawfirm. The succession of interest document is something which your company has to provide to the CIS. I don't know if they would need to attach the merger contract as evidence.
more...
apb
09-14 01:26 PM
did anybody see any lud on their case?
rkm
07-17 06:52 PM
Just made payment $100.00
Thank you
Thank you
more...
drona
10-02 12:45 PM
Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.
http://groups.yahoo.com/group/SC_Immigration_Voice/
http://groups.yahoo.com/group/SC_Immigration_Voice/
.jpg "tekken 6 armor king wallpaper")
sbdol
07-21 09:51 PM
I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.
The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.
The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.
more...
nashim
08-14 01:08 PM
USCIS has only and only random process/ theory
ski_dude12
08-10 11:43 AM
Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?
more...
dallasdude
09-25 10:24 AM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
Enjoy
augustus
05-13 08:25 AM
Thanks to all of you! Such a wonderful discussion.
So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
prioritydate
08-14 01:02 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
lord_labaku
09-16 10:59 PM
Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/
kart2007
10-21 12:57 PM
Thank you. So was your application in a Pending status or Approved status when you emailed Ombudsman?
In my case the application is approved but I haven't received the EAD card yet.
In my case the application is approved but I haven't received the EAD card yet.
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