Saturday, June 11, 2011

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  • qualified_trash
    11-14 08:01 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.

    while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!





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  • whiteStallion
    10-13 02:26 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

    Please restart your Labor again, ASAP.





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  • acsouza
    03-19 01:15 AM
    So I asked my company's HR and the following is the reply I obtained:
    <company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.

    So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.

    I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.





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  • antihero
    11-26 12:53 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?



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  • neel_gump
    05-22 12:02 PM
    FAQs seems to be a great idea people.





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  • v2neha
    04-07 05:50 PM
    When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.

    However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.



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  • jaggu bhai
    08-10 09:18 AM
    We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.



    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.





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  • txh1b
    04-15 10:46 AM
    What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.



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  • Berkeleybee
    03-01 02:05 PM
    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.

    You have a lot of suggestions in there let me try and respond:

    (1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.

    (2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.

    (3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.

    (4) I think it would be counterproductive to charge a membership fee.

    One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.

    We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.

    I urge all the type-A get-things-done people out there to swing in to action!

    best,
    Berkeleybee





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  • thirumalkn
    07-24 02:24 PM
    ^^^^ :)



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  • savitri.bhave
    07-06 10:30 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave





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  • Ψ
    06-09 06:52 PM
    there finally got it...after soo many tries....



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  • gc_kaavaali
    05-21 02:10 PM
    I really don't know...when i look at processing times...TSC done application until Feb 15th...last month it had Jan 29th...just moved 16 days...i don't know...i did e-filed may 9th...

    I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)





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  • desi3933
    03-03 12:42 PM
    LC approved in 2006, can I still apply for I-140?

    No.



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  • eyeswe
    09-04 02:25 PM
    While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
    Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
    You need the PD date to apply to this step 1.

    Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
    And then ..
    Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...

    If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
    They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...

    Just prophesizing....for 2010





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  • puskeygadha
    07-23 03:14 PM
    this is for cases which will be filed right..
    cases which are audited are audited and are in the audit queues ..correct???

    we are fucked



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  • sunny26
    01-09 04:24 PM
    My Nd is dec2006 NSC EB3 still waiting .


    Hello,

    Please share your RFEs!! What was the reason and how you handled it. That will be great input.

    -M





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  • DSLStart
    09-08 01:09 PM
    Just tried, got connected after trying for 4/5 times. Automated response system sucks, its in different languages, but after pressing 1 (for English) still could not get the further menu.
    Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.





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  • Apollon
    06-29 06:53 PM
    I've heard 2 contradicting opinions on this matter, so trying to get to the truth.
    My PERM case is about to be filed, let's assume for argument sake the job description
    requires Bachelors degree + 5 years of experience.
    I have B. Sc. degree, the requirements completed in April 2004.
    I've been with the current sponsor, who is applying for my PERM labor case for 15 months,
    and without those 15 months I don't have 5 years post graduation experience, required to qualify for EB2 track ( I do have close to 10 years of experience in the field, since I worked during college and even before that, but I was told only post graduation experience counts)
    If counting these 15 months with my current H1 sponsor I do have over 5 years of post graduation experience.
    Two opinions I've heard:
    1. You can only use the current sponsor experience, if the position, you're getting the PERM certification for is at least 50% different in it's job duties from the experience, prior to joining this sponsor.
    2. There is no restriction - current sponsor experience counts for EB2 post grad. 5 years.

    I'm not interested in opinions or speculations please - only what the law says. If anyone has that information - response is greatly appreciated - my PERM case is about to be filed and I don't my application to get rejected down the road because of not satisfying the EB2 track requirements.





    mrsr
    02-20 11:13 AM
    InterFiling Help please gurus...





    ita
    01-15 07:13 PM
    So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.

    Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?


    Thank you.

    Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).

    Your next H1-B will be considered a new H1-B and not a transfer.

    You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.



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