njboy
09-25 05:27 PM
venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest
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sorcerer666
03-31 04:17 PM
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!
sasidhar79
09-16 02:37 PM
I just signed the online petition to drop Dobbs, I hope everybody in IV will do it and help us get rid of this Hatemonger.
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eb3_nepa
04-17 05:04 PM
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
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YesGC_NoGC
05-14 10:25 PM
Will continue to conribute
hebron
08-16 03:26 PM
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
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ItIsNotFunny
10-13 03:25 PM
Doesn't matter casuals or formals.
Casuals - most of the IOs don't mind.
Formal - everyone likes it. I would rather go for formal to be on safe side.
Casuals - most of the IOs don't mind.
Formal - everyone likes it. I would rather go for formal to be on safe side.
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dollar500
04-09 07:30 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
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Sheila Danzig
07-26 07:30 AM
3+3 are routinely accepted. I would be shocked if this is the reason. You should know the reason very soon. I know it is very hard to wait, but there is no choice.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
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eb3_nepa
08-14 02:47 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
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arihant
04-12 05:00 PM
I whole heartedly agree that labor substitution elimination makes sense. However, the 45 day proposal built into this rule can be disasterous. I just posted my experience with the 45 day letter from BEC in another thread.
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
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aa_ke_phas_gaya
06-24 06:02 PM
Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.
Don't get your hopes high.... just get your head down and work for them.
Don't get your hopes high.... just get your head down and work for them.
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pappu
08-15 11:24 AM
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?
* We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?
* We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.
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bfadlia
02-21 12:31 PM
your browser might be getting the old one from cashe
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Illuminae
06-05 12:48 PM
i was sending out a resume today, and i was EVER so tempted to stick this site in my portfolio..
then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...
then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...
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seeking_GC
09-23 04:14 AM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
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Humhongekamyab
05-21 12:46 PM
The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???
We need H1 only when we are not married or we have not filed I-485 for the dependants.
I agree. This was a special case and the attorney initially filling the 485 should have caught this error.
We need H1 only when we are not married or we have not filed I-485 for the dependants.
I agree. This was a special case and the attorney initially filling the 485 should have caught this error.
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h1-b forever
10-28 09:53 AM
My friend's dependent spouse got CPO approval on 9/10 and the card itself in earlier this month. However, the primary applicant has received no approval notice. Anyone with similar case?
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ssharma
04-27 01:36 PM
Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
kaisersose
02-15 11:18 AM
The mailroom clerks who open mail and process initial information are generally functioning a in a dumbed down mode.
USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.
It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.
USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.
It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.
hetuweb
10-24 08:15 PM
My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
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