Desi_Hydrabadi
02-20 03:35 PM
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
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seaken75
09-26 12:16 PM
I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?
singhsa3
07-12 09:45 AM
Hi Can I send you the latest template based on several suggestion, that you could load it on you website?
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Singhsa,
Thats a great poem!!
I have made some aesthetic changes to your document and uploaded here.
http://www.geocities.com/latejunefiler/Ghandhigiri.pdf
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rajuram
01-14 03:47 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
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reddymjm
03-06 01:09 PM
I received the letter yesterday but its at home. Wont have access to a Fax machine over the weekend - so, any email address where it can be scanned and sent?
Please provide a email id.
Please provide a email id.
eager_immi
07-11 12:32 PM
True but these were not applications that were filed 2 weeks back. Many people had 485 pending for over 2 years due to retrogression. Also a lot of cases that got a visa # still had pending security checks so technically they did not approve 60K 485, they only used up the visa#s.Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
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srikondoji
07-03 10:38 AM
I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
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Lydia
06-18 11:24 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
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raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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gcseeker28
08-12 02:27 PM
So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
more...
ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
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FinalGC
09-15 11:50 AM
How about sending a letter to the President, using the above suggested structure....asking him to pressurize the congressmen to pass 5822 from the House.......so that he can sign that into law before Nov 4 elections....
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gcnirvana
05-14 09:03 PM
This is a EB3 - General Poll across all countries
Can you create one for EB2, please? Thanks!
Can you create one for EB2, please? Thanks!
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jaggu bhai
08-10 08:42 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
more...
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webm
10-23 10:40 AM
There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.
really need to know this based on the market situation.
ASAP if you can and before the termination expected to happen.
User Search in this forum there are lots of threads on the same topic.
really need to know this based on the market situation.
ASAP if you can and before the termination expected to happen.
User Search in this forum there are lots of threads on the same topic.
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Rockford
09-11 10:59 AM
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
There is no hard and fast rule but this is general trend:
Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.
The NSC is sending the FP for those the notice date is around 8/10.
NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.
FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
There is no hard and fast rule but this is general trend:
Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.
The NSC is sending the FP for those the notice date is around 8/10.
NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.
FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.
more...
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adi787
12-11 08:15 PM
hi,
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
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mps
09-06 11:46 PM
Wow ! This is going to kill real estate market for sure !
I know my friends who live in apartment here in US but they have purchased investment properties in India.
Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.
I know my friends who live in apartment here in US but they have purchased investment properties in India.
Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.
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Bhaskar_80
06-10 10:28 AM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
5. Does the new job need to be the same title and job requirements as the old one?
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
5. Does the new job need to be the same title and job requirements as the old one?
nozerd
03-25 07:59 PM
Awesome airline. I would pay $ 100 premium over other airlines to travel via Emirates. Excellent food and service. Cool stewerdesses too.
smuggymba
08-10 08:48 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
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.
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
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.
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