Saturday, June 25, 2011

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  • acecupid
    06-12 03:58 PM
    This is terrible news !:eek:





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  • nefrateedi
    08-29 12:03 PM
    Could someone please, help me with the following situation; HERE IS MY EXPLANATION:

    ....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.

    Please tell me if I'm accurate about this matter?


    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!
    Your help would be highly appreciated!

    When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.





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  • fromnaija
    03-08 05:53 PM
    Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.

    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.





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  • golgappa
    08-17 05:56 PM
    Thanks for your reply..
    Can anyone else share there views....



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  • raysaikat
    07-10 07:17 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.

    Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.





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  • rhlsur
    08-18 11:41 PM
    ****** FURTHER UPDATE ON THIS - VERY BIZARRE ******

    With regards to my original post below my lawyer got back to me today with something bizarre -
    She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?

    Thanks.


    ***** ORIGINAL POST ******
    Hi,

    My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

    While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

    1. Have any of you been in this situation and had your case reopened and if so, how?

    2. Can I change my attorney in this situation and have him/her try to get the case reopened?

    Any advice would be much appreciated.

    Thanks.



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  • fearonlygod
    11-13 09:54 PM
    thanks guys.....will proceed as suggested..also please advice that wether i need to have exp. letter from that guy.i am not optimistic in getting it....

    can the client exp. letter and refernce letters of client project manager work...??





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  • nousername
    03-18 03:55 PM
    I am just wondering how in the world members here get to know where their cases were transferred after receiving a soft LUD?

    My case starts with WAC and I don't remember where my lawyer originally filed my case but since then it has been transferred twice.. God only knows where..



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  • Dhundhun
    03-14 07:22 PM
    I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

    If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.





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  • wandmaker
    04-27 03:16 PM
    Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

    Labour Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2008..
    My I-140 Approve date is Sep'24 2008

    My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..

    Please update these details to your IV tracker profile, it will help you and others. It avoids confusions and delays in suggestions in a situation like yours.

    What documents your company sent to USCIS for that 'client letter' RFE?
    How many years was requested for extension 1 year or 3 years or until end of 6 year term with recapture? - I assume, it would be 3 year extension because your 140 is approved.



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  • jliechty
    August 14th, 2006, 11:40 AM
    I'm sorry to react so strongly, also... It's important to remember that being there with the right light at the right time is what matters. Even if you've just got a drebel with the 18-55 or a d?0 with the 18-70, using the lenses at their strong points will make nice 11x14's or maybe even 16x20's depending on your taste for putting nose grease on your prints. ;)





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  • fromnaija
    08-03 12:12 PM
    With a priority date of July 2006, you are looking at another four to five years before you get your GC barring any changes in current laws and available visa. Many people advise that you maintain your H1 during the wait just to have a fallback position in case your 485 is denied.

    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa



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  • Asian
    05-31 10:48 AM
    Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.





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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts



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  • Can2004
    03-14 12:53 PM
    I have one more question.
    My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
    Her only status now is AOS pending and parolee( has used AP once last october).
    Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)

    thanks again!





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  • Can2004
    10-08 08:26 PM
    H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
    Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.



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  • Ivyleaf
    10-07 03:41 PM
    my votes for bat. reflections are my fav :beam:





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  • pvganesh
    10-23 09:47 PM
    Hi,

    We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.

    I have two questions with regard to Experience letters -

    (i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...

    (ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.

    I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..

    I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.


    Thanks and Regards,
    PVGanesh





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  • corleone
    11-09 10:22 AM
    So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?

    There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"





    VivekAhuja
    05-28 06:29 PM
    I keep reading about how immigrants are important and pay taxes and contribute to the economy so they should be given rights/important and all that. There was even a thread that said if GCs were given to EB based immigrants the housing problem could be solved because of this buying power. STOP IT.
    The US does not need you, you need the USA. No one put a gun to your head and told you to come to the USA, you chose. You need to follow the tax laws so roads and other sevices you come to this country for can be maintained. Your buying power is less than 1% of the US economy. The laws do NOT prohibit you from buying property here so you can buy a house without GC.
    So STOP trying to potray it like you are doing a favor to the USA. Be realistic and solve the real problems instead of trying to find loopholes of hw to get the US govt. to give you GCs.





    ajay
    03-02 10:15 AM
    There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
    It is completely a difficult situation we are in if we are into any trouble.



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