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sash
06-19 09:48 PM
I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?
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glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
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gc_dream07
03-30 10:39 PM
Enjoy the freedom.
Good Luck with next endeavor (citizenship I guess!!:))
Good Luck with next endeavor (citizenship I guess!!:))
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Green.Tech
07-23 06:40 PM
AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.
langagadu
03-29 03:53 PM
nope
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amdee
09-22 02:14 PM
I asked 6 other H1B ppl today to register to this site.
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
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bondgoli007
07-17 03:13 PM
Response from my Fragommen paralegal:
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
more...
what_now
06-14 03:08 PM
CPO mail today......
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som_yad
08-15 05:12 PM
Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?
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gc4me
02-09 10:17 AM
You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
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ragz4u
02-19 08:12 PM
I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.
Hopefully other teams will take a cue from this and get together for achieving our target.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.
Hopefully other teams will take a cue from this and get together for achieving our target.
more...
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rustamehind
08-03 05:06 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
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dassumi
12-23 02:58 PM
This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
more...
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number30
11-18 08:13 PM
Did that H1B got approved later?
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mnq1979
06-26 11:14 PM
If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.
well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.
pls. note no matter from where we make the affedevits it will say that she was born in xyz city.
i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.
pls help!!!!
well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.
pls. note no matter from where we make the affedevits it will say that she was born in xyz city.
i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.
pls help!!!!
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soni7007
09-15 12:13 PM
I am glad that some of us are positive moving fwd with this idea. There are some other threads talking about other action items (write letters etc.). I think the first thing we need to do is to join hands and then decide a game plan. We need to concentrate the total energy at one point. What do you think?
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San_Chez
03-19 01:33 PM
Hello jnrajan and King37:
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
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dealsnet
10-21 08:26 PM
File new H1B.
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
bcg_consultant
02-13 04:35 PM
same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Munna Bhai
07-12 10:21 AM
any more help??
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