kumar1
03-20 11:35 AM
I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.
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PresidentO
02-10 08:46 PM
dvb123,
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
cagedcactus
07-25 07:13 AM
Thanks friends. Just a reminder. I am not using any pre approved labor. This labor was mine. The company filed it for me in august 2003. Then I 140 was filed in may 2006 after labor approval.
That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
Is it possible?
thanks for your kind inputs.....
That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
Is it possible?
thanks for your kind inputs.....
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slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
more...
paulcao1978
01-20 10:16 PM
Here is the post from immigrationpotal stating the final verdict of IV. I think it might be true. Look at the post by NYC8300.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.
Kitiara
09-06 04:50 AM
I like that footer as well - very nice. :)
I'd say for Photoshop expertise, ask the two guys who seem to know it inside out. Dan, vts31, I'm talking about you. :)
I'd say for Photoshop expertise, ask the two guys who seem to know it inside out. Dan, vts31, I'm talking about you. :)
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DallasBlue
09-01 11:07 AM
yes it looks like a boiler plate RFE. you will just need to be cautious with the information you are giving to RFE and Make sure it is consistent with what ever you provided earlier.
Also, get your collegues/managers from previous company to give you letters stating that you worked with him/her for that company during the stated period. Like explained above get as much consisten evidences liek w2's pay stubbs for that period. For the Ability to pay , have your company get with the CPA and prepare those statements.
dont panic, roughly 3 out of 10 do get RFE's. guess it has become more common with the increased workload ...
Also, get your collegues/managers from previous company to give you letters stating that you worked with him/her for that company during the stated period. Like explained above get as much consisten evidences liek w2's pay stubbs for that period. For the Ability to pay , have your company get with the CPA and prepare those statements.
dont panic, roughly 3 out of 10 do get RFE's. guess it has become more common with the increased workload ...
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jetflyer
05-14 11:37 AM
You are asking best of best in the area which has US most richest counties and for $300K.
Its hard but housing market slowdown may work in your favor. Very good move, good luck.
Its hard but housing market slowdown may work in your favor. Very good move, good luck.
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cinqsit
11-24 06:07 PM
I have seen people get a copy of their approved I-140 using FOIA Freedom of Information Act Request, where the employer was giving them a hard time and not sharing their I-140 info. So there are ways you can get a copy of the approved I-140 provided of course everything is in order. (previous poster has also posted information of getting duplicate I-140)
This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)
Also you mention
"In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."
Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.
You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
a good immigration lawyer.
Good luck!
This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)
Also you mention
"In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."
Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.
You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
a good immigration lawyer.
Good luck!
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aaaa4321
08-24 11:47 PM
Does anyone have an idea about this week receipt update as it is not out yet.
Please advice.
Please advice.
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amslonewolf
07-23 01:50 PM
K Larson
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GCwaitforever
03-17 09:13 PM
Kudos to the core team for their work. These contributions reflect hope and resoluteness in our would-be immigrants, in spite of odds faced in a new country. This is the way to go.
Fund raising should continue, even after we meet the initial goal. We should propagate the word around and seek ideas and cooperation from more future members.
I placed the posters in local Indian Groceries. Tomorrow it is going to be in local temples. I passed on the flyer to an Irish friend of mine. Happy St. Patrick's day to you all.
http://www.shamrock.org/
:)
Fund raising should continue, even after we meet the initial goal. We should propagate the word around and seek ideas and cooperation from more future members.
I placed the posters in local Indian Groceries. Tomorrow it is going to be in local temples. I passed on the flyer to an Irish friend of mine. Happy St. Patrick's day to you all.
http://www.shamrock.org/
:)
more...
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jlt007us
10-06 06:09 PM
Don't worry. You will mostly get RFE but not a rejection.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
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a_paradkar
08-08 07:45 AM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
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Kodi
08-28 06:50 PM
Received 2 yr EAD, I-140 pending as of 4/18/08
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Lisap
09-12 05:27 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
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dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
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Becks
03-16 10:16 AM
This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.
Thanks for sharing.
Thanks for sharing.
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sam_austin77
12-30 09:30 PM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
gchope2k6
04-27 01:54 PM
Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).
pkak
04-27 04:00 PM
I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??
H1B extension can be aplied only 180 days before expiry of current H1B
H1B extension can be aplied only 180 days before expiry of current H1B
