Lydia
06-18 11:33 AM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
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rahul2699
05-16 09:12 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
satishku_2000
01-07 07:05 PM
Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.
By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.
By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.
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GCEB2
09-21 10:33 AM
thanks mnhatim....The information is helpful. How about bay area side do you know any affordable places. Also any other websites i can browse threw.
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wandmaker
08-06 11:27 AM
Case Details:
EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
Directly Filed at TSC, Checks cashed but did not receive physical receipt notice
Sequence of Emails:
08/06: CRIS Email, Notice mailed welcoming the new permanent resident
08/07: Soft LUD
08/09: Soft LUD
08/11: Welcome Notice Received via USPS, Post marked 08/08
08/13: CRIS Email, Card Mailed.
08/14: Soft LUD
08/14: Received Cards in the mail, envelope post marked 08/12
To Whom may have COLTS:
- Opened SR for receipt notice in Dec 07
- Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
- Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
- Applied for EAD renewal in 6/08, Received card on 7/08
- I-140 Soft LUD on 7/13/08
- No other LUDs, Direct case status change on 8/6/08
- Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.
EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
Directly Filed at TSC, Checks cashed but did not receive physical receipt notice
Sequence of Emails:
08/06: CRIS Email, Notice mailed welcoming the new permanent resident
08/07: Soft LUD
08/09: Soft LUD
08/11: Welcome Notice Received via USPS, Post marked 08/08
08/13: CRIS Email, Card Mailed.
08/14: Soft LUD
08/14: Received Cards in the mail, envelope post marked 08/12
To Whom may have COLTS:
- Opened SR for receipt notice in Dec 07
- Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
- Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
- Applied for EAD renewal in 6/08, Received card on 7/08
- I-140 Soft LUD on 7/13/08
- No other LUDs, Direct case status change on 8/6/08
- Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.
abused
01-10 12:23 PM
I filed my I-140 and I-485 concurrently on July 6th, 2007
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
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sammyb
11-15 09:53 AM
Simply and bluntly put
IV is we. If you are not there , there is no IV. We are in agony and pain. let us scream so high that even deaf may lend their ears.
What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?
Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)
Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..
I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?
unless we join hands together and come forward nothing will change ...
because of personal reason I was not able to devote much time to IV recently ... will be involved more now onwards ...
IV is we. If you are not there , there is no IV. We are in agony and pain. let us scream so high that even deaf may lend their ears.
What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?
Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)
Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..
I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?
unless we join hands together and come forward nothing will change ...
because of personal reason I was not able to devote much time to IV recently ... will be involved more now onwards ...
2010 Victoria Beckham#39;s diminishing
naushit
05-22 04:02 PM
My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?
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delhirocks
06-29 11:30 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota for I 140, the employer is just trying to save money.
There is no quota for I 140, the employer is just trying to save money.
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pappu
01-29 06:50 PM
rumour say retrogression may lift on march 2009, is it true????
Is that your new year wish? :)
I do not see any possibility unless some miracle happens.
Is that your new year wish? :)
I do not see any possibility unless some miracle happens.
more...
EndlessWait
12-13 06:34 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
hot victoria beckham too thin. i think
amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
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house Is Victoria Beckham getting
aarzoo
08-23 06:23 PM
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
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Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
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mhathi
08-25 09:23 AM
Hi kondur_007,
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
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sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
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GCDelay
11-30 11:17 AM
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gopalkrishan
08-03 03:22 PM
Hmmmm .. I have been thinking of losing a bit weight now, after everybody started pointing it out to me.. The rationale behind it being that since I am going �over the hill� I should start looking after myself..
I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..
Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...
Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??
Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..
Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..
Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d
Gopal Krishan
I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..
Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...
Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??
Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..
Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..
Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d
Gopal Krishan
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gxtrader
08-17 02:27 PM
HOW your answer relates to my question?
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
eb3_nepa
01-14 11:34 AM
Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.
forgerator
09-05 01:08 AM
I hope EB3 ROW date moves to Nov 2008, this way I can file for my I485 :D
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