Cheetah5
01-28 12:03 AM
Hi,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
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saimrathi
07-24 11:22 AM
I think all it is saying is that you need to submit the approved labor certification application with your i-140/485 concurrent application, as far as i can remember my lawyer sent in my approved labor cert appli with my concurrent filing appli.. although please check with ur lawyer...
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
ardnahc
08-14 01:45 PM
That's an eternal open question all of us have here :-)
To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!
Thanks
To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!
Thanks
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Rockford
09-10 11:13 AM
What about the consultants who work on three client places in a week. Three LCAs in a week ?
more...
previsun
10-04 11:05 AM
Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)
http://www.eb3chinese.org/resources/E3+Waiting+List.pdf
Is there an equivalent for EB2 in the same website pls ?
Regards
http://www.eb3chinese.org/resources/E3+Waiting+List.pdf
Is there an equivalent for EB2 in the same website pls ?
Regards
glus
05-10 09:58 AM
Hello,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
more...
Maverick_2008
02-14 03:59 PM
A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)
Gurus, please correct me, if I'm wrong.
Thanks.
Maverick
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
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snathan
02-15 04:06 PM
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
I was sure some one will come with this info...Let the fight begin..:D
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
I was sure some one will come with this info...Let the fight begin..:D
more...
abracadabra
05-30 02:22 PM
The window closed automatically, no luck
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rti25
11-15 10:06 AM
Thank you guys all for your response.
as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.
thank you all
as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.
thank you all
more...
gcnirvana
04-23 01:00 PM
johnifanx98,
Please update the link. It doesn't work.
Thanks!
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63
Please update the link. It doesn't work.
Thanks!
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63
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redelite
08-20 04:40 PM
I can fix an outline up no problem.. good call though, and thanks guys! :D
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pcs
06-21 02:52 PM
it is free & great
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Jerry2121
07-02 01:22 PM
If notice of action for I-485 does not have a priority date written on it, can I still file WOM since I've had an interview 2 years ago without result? How did your wom filing go?
thanks!
thanks!
more...
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GCSOON-Ihope
10-17 02:15 PM
This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
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absaarkhan
06-12 05:54 PM
What is "Letter of Acquirement’
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
more...
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bbct
01-22 04:29 PM
Yes, ICICI bank do not allow more than 4 part pre-payments in a year. I am not sure if it is a calendar year. You can ask ICICI for the part pre-payment terms. When I inquired, they sent me a PDF file.
I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.
I will try to find the email that ICICI sent regarding the part pre-payments terms.
I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.
I will try to find the email that ICICI sent regarding the part pre-payments terms.
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Jaime
10-13 01:46 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR2007101201640.html?hpid=opinionsbox1
"Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.
Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)
Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?
"Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.
Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)
Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?
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spgtopper
02-03 10:16 AM
Helpful_leo
I want to answer to your question (or rather help you to get one)....
just want to make sure we are referring to same link to the PACE bill etc.
Pl. tell me if you are reading from this link
http://www.compete.org/pdf/PACE_section_by_section%20-%20final%20.pdf
or if it is something else pl. post it here.
Also, it would be great if you point me to a specific section of the bill that you are particularly interested in knowing about.
About your other question:
A general answer is: yes, you may contact your own senators, and congressman (as they are most likely to read your mail). However, I must warn you that one person alone doing anything is not going to be that effective. It is much better if you team up with a group like ours (Immigration Voice) to make your voice heard. IV is presently focussing on the comprehensive immigration reform bill, but if you present your case here we'll see if and what can be done.
S.
I want to answer to your question (or rather help you to get one)....
just want to make sure we are referring to same link to the PACE bill etc.
Pl. tell me if you are reading from this link
http://www.compete.org/pdf/PACE_section_by_section%20-%20final%20.pdf
or if it is something else pl. post it here.
Also, it would be great if you point me to a specific section of the bill that you are particularly interested in knowing about.
About your other question:
A general answer is: yes, you may contact your own senators, and congressman (as they are most likely to read your mail). However, I must warn you that one person alone doing anything is not going to be that effective. It is much better if you team up with a group like ours (Immigration Voice) to make your voice heard. IV is presently focussing on the comprehensive immigration reform bill, but if you present your case here we'll see if and what can be done.
S.
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
canmt
11-01 10:05 AM
bump
^^^^
^^^^
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