jlt007us
09-14 12:08 PM
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
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bikram_das_in
04-20 10:54 AM
One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.
BTW in politics right or wrong is rarely a consideration.
I donot encourage IV'ans to participate in this march.
It means Join hands with Illegals for noreason.
No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".
BTW in politics right or wrong is rarely a consideration.
I donot encourage IV'ans to participate in this march.
It means Join hands with Illegals for noreason.
No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".
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augustus
07-15 03:03 PM
I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
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mayurcreation
01-13 09:23 AM
Hi,
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
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payur
03-10 08:16 AM
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
Thank You gc_check!!
Thank You gc_check!!
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vinnysuru
03-30 12:26 AM
You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
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masterji
04-02 04:44 PM
Are you sure that it needs to be done on stamp paper? I just notarized them from India on plain paper.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
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coopheal
04-23 09:12 PM
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
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rsrikant
11-02 12:34 PM
See signature for details:
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
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crazyghoda
09-09 10:09 AM
You don't need SSN to apply for a passport for a baby.
Where did you hear that from? The passport application form has a field for the SSN and I dont think its optional.
We had our baby last month but SSN in IL takes 12 weeks and they refused to give it over the phone. I dont think I have much of a choice but to wait it out till I get the SSN to be able to plan any trip to India to see the grandparents.
If you have any link that states that SSN is optional for passport, please let me know.
Where did you hear that from? The passport application form has a field for the SSN and I dont think its optional.
We had our baby last month but SSN in IL takes 12 weeks and they refused to give it over the phone. I dont think I have much of a choice but to wait it out till I get the SSN to be able to plan any trip to India to see the grandparents.
If you have any link that states that SSN is optional for passport, please let me know.
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viswanadh73
01-04 08:47 AM
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
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munnu77
08-04 10:45 AM
good story
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lonedesi
01-15 04:54 PM
This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.
You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.
You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.
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singhsa3
02-28 02:59 PM
Obviously, you don't know how the system work, well , Welcome to dealing with USCIS!
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
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hpandey
08-19 01:29 PM
I don't know what's the point of posting such news here. There are fraud people everywhere and hundreds of fraud cases everyday . Should we start posting everything or is it your wish to malign Indians and give Indians a bad name. You seem to be no different from Grassley and company who seem to pick up 10 fraud H1b cases out of 100,000 and say that H1b is a big fraud.
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viveksri
02-28 12:08 PM
Thanks Guys,
I really appreciate all your input.
VS
I really appreciate all your input.
VS
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sdrblr
10-28 11:11 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
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waiting4gc
07-18 03:06 PM
As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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vaishnavilakshmi
06-22 08:50 PM
Hi friends,
thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .
vaishu
thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .
vaishu
surabhi
05-21 11:56 AM
see my seond posting below from murthy.com forum. You should be able to port the PD
good luck
good luck
GCBoy786
09-11 04:58 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
Guys, Please update if you hear more of similar cases.
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