fromnaija
12-12 02:20 PM
What if i leave it just like that?
That, my dear friend, is courting disaster at a later date and would be very unwise.
That, my dear friend, is courting disaster at a later date and would be very unwise.
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ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
eagerr2i
08-02 02:19 PM
Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.
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smuggymba
09-14 02:38 PM
Is there a way to find all "active" members? If we're in the range 5000, then 10 per month for every user is good.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
more...
gc_kaavaali
06-28 04:02 PM
So many times discussed about this topic. As soon as you start using EAD you are done with H1. You are no longer on H1. You need to give all prior I-94's when you are leaving US.
I am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
I am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
visa_reval
12-12 11:34 AM
This is a good doc to help you get started in correcting your I-94.
more...
priderock
08-06 11:55 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
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sparky_jones
09-15 12:52 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congrats. Good to see an EB3-I approval. This is something we get to see rarely here. Hope you are able to celebrate with your family soon!
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congrats. Good to see an EB3-I approval. This is something we get to see rarely here. Hope you are able to celebrate with your family soon!
more...
GCScrewed
08-22 11:58 AM
Hi I have quick question about converting. If the employer withdrew approved I-140 (after 180 days have passed since I-485 has filed), can one still port the original priority date? Thanks so much!
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india.day
09-04 01:01 PM
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean
PD EB3 Aug 2002
FP Done: Aug 30 ,2007
EAD :15 Aug 2007
LUD 485 : 31Aug 2007
FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean
PD EB3 Aug 2002
FP Done: Aug 30 ,2007
EAD :15 Aug 2007
LUD 485 : 31Aug 2007
more...
johnamit
07-12 01:43 PM
My company has filed more than 200 in early July, I checked with attorney yesterday and he said so far not even a single check has been cashed and none returned.
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drona
09-28 07:21 PM
Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.
http://groups.yahoo.com/group/SC_Immigration_Voice/
http://groups.yahoo.com/group/SC_Immigration_Voice/
more...
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amitjoey
07-17 05:54 PM
The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
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uma001
12-07 03:05 PM
My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.
Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.
Which position did your brother apply for and which technology?. 55 lakhs is too high for a person who has only 6 years of US experience.
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saketkapur
07-06 12:40 PM
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
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chakalov
10-10 12:41 PM
Application received by NSC on July 19. Called USCIS yesterday 10/09/07 - still nothing in the system. I'll call again in a week.
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bond65
08-28 11:25 AM
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
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dharmesh.pariawala
01-08 02:37 PM
I read on www.immigration-law.com
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
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seekerofpeace
04-23 03:33 PM
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
vandanaverdia
09-10 12:44 PM
Calling all WASHINGTONIANS!!! Rise & shine....
belmontboy
05-22 07:35 PM
I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
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