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newyorker123

09-28 10:06 AM

I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

Again my original question can I submit another FOIA just to get the I-140 approval notice???

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lost

02-07 08:56 AM

this is sad. it will give a bad name to india.
btw, what religious persecution are they talking about?

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santa123

06-09 11:20 PM

I suggest that you put things in black and white.
Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.

Pls be polite with your wordings as this may help resolve the issue itself.

Dear Viewers

Could anyone please advice me on how to claim the unpaid salary from the previous employers.

I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

Any piece of advice would be of great help.

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pappu

04-14 07:44 AM

We have a call today @ 7 PM EST if someone wants to send questions/be in the call

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mingan

12-19 12:07 PM

I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.

I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.

Please advise. what are the chances of approval of my case.

Thanks in advance.

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STAmisha

07-27 10:27 AM

Gurus please help as I'm confused

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makemygc

06-22 11:31 AM

What do you think? Any guesses?
Ok I saw your second posting now. Hmm..I'll try
thanks

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GCKarma

08-06 06:46 PM

Gurus,

I have LUD on my I-140 and its 07/13/2008.LUD of my I-485 is not changed at all.I have changed my employer and I have not applied AC-21.I'm in H1B.
Should I worry about my previous employer revoking my I-140.Please help me out.Should I call USICS to know whether they have revoked my I-140?

My I-140 was approved on July 2006 and I applied I-485 on July 2 2007 and I changed
my employer after 180 days.
LUD on I-485 is Aug 2007


Thanks a lot

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greencardfever

08-15 01:17 AM

Hi,

I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:

1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?

2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?

3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?

I'd really appreciate it if someone could please answer these questions for me.

Thanks.

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Winner

10-11 09:12 PM

Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

I know there are some members in this forum who will try to shout you down and make you quite.

But I feel if one believe in what is right then one should go ahead irrespective of what others think.

Now that you have left your abusive employer, would you mind disclosing your ex-employer information?

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suryamnb

12-03 10:23 AM

Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.

Thank you.

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ns33

06-10 04:22 PM

Thank you all for helping out. Just sent the packet through UPS to TSC.
Keeping my fingers crossed now.
Thanks again.
NS

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honge_kamyaab

02-02 12:41 PM

Thanks nozerd & GVR for the responses. Helps out a lot in planning the trip.

I guess googling the SIN application process would help, but if you have reliable pointers please send them this way.



At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.

You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.

Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.

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rajenk

03-25 06:08 PM

Try h**p://www.maggio-kattar.com. They are my current employer's immigration attorney and they charged $750 for both mine and my wife's case.

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fromnaija

09-20 04:07 PM

WELCOME TO RETROGRESSION!!!!

I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.

My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

someone please clarify the matter please.......thanks ahead

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istrategist

01-26 04:07 AM

EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

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srinivas_o

08-24 02:27 PM

Bump

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04-26 11:20 AM

As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

DHS - CBP SBU

1084 South Laurel Road

London, KY 40744

Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

To validate departure, CBP will consider a variety of information, including but not limited to:

* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:

* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)

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quizzer

01-08 02:03 PM

As far as i know PF is controlled by the central government, TCS will not have any say in you withdrawing your money. Generally there is an upto 15% match from the company in your account, and that is yours the moment it is deposited in your account. You should not have any problems withdrawing your money. Your money is yours. Some companies deposit PF monies quarterly, small companies deposit it annually, in those cases you might be screwed if you company did not deposit the money in your account.

thanks for the response.

Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case

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H1bslave

10-23 01:36 PM

Please check you PM.

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Ann Ruben

07-22 12:57 PM

You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)

If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:

"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."

Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P


USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)

Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.

Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.

Hope this is helpful.

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