iamlost
07-25 10:44 AM
In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.
Do you know the reason for your notice?
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.
Do you know the reason for your notice?
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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gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
sledge_hammer
02-09 03:44 PM
Please keep this thread alive ...
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abhijitp
07-08 02:06 PM
I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
more...
insbaby
08-06 10:40 AM
Didn't you know for sure that you were going to stay with employer before asking them to apply GC.
It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?
Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.
If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.
Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.
It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?
Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.
If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.
Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.
avi101
05-19 04:30 PM
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
more...
arihant
10-26 10:42 AM
I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
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SAPGURU
07-11 03:12 PM
Gurus,
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
more...
kartikiran
06-17 02:19 PM
^^^^^^^^^^^^^^
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anindya1234
07-17 10:34 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
more...
ksita48
07-23 09:30 PM
Brief Description of my Case Joined Vision Systems Group INC,(VSGInc), Southplains Field, NJ in the year March 2003. My H1B was transferred to VSG Inc from my previous company which got merged with another company. VSG Inc filed my Labor Certification in 2003 (EB3) on Dec 23,2003 which has gone to Back Log Center, Harrisburg, PA and got approved only in Dec, 2006. In July 2006 VSG Inc, filed PERM under EB2 and got approved and filed I140 under EB2. But when USCIS sent RFE, my company has withdrawn the I140 without responding to RFE. In July 2007, during 2007 visa fiasco, VSG Inc filed I140 electronically, and I485 and other papers concurrently in July 02, 2007. Got the receipt notices for I140 dated 07-02-2007 and for I485 and others on 06-05-2008. Received EAD and travel docs in July 2008. My I140 is still pending at Nebraska Service center as on date. When contacted trough the Local Congress Man, Dept. Of Home land Security replied on Feb 09, 2009 as follows: �The processing of I-140 has been delayed, not yet ready for decision as it has been selected for extended security review, independent of FBI name check and fingerprints. Until the review is completed, we cannot move forward on this case. We will make every effort to make a decision on this case as soon as the review is complete. However, we have contacted the security team POC to see if this case can be reviewed to see if it can be moved for adjudication.� VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of �Notice of Forfeiture� in the amount of $7,400,000. The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services - Fraud Detection and National Security Division (FDNS); U.S. Department of Labor - Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; and is supported by the U.S. Attorney�s Office for the Southern District of Iowa. At the out set I am in a complete depressed state an seek your help and know the fate of my AOS applications like I-140, I485 and others and the best possible course of action I may have to take immediately. My concerns and questions: 1. Should I transfer my H1b to another company? 2. What will happen to my pending I-140 and I-485 petitions? 3. Or should I continue with the present company wait for the outcome? 4. How much time it may take to finally conclude this process normally? 5. If the company is proved guilty and be closed by the Govt. or blacklisted what will happen to the Employees like me who are absolutely not concern, nor involved and go by Rules and in the project working If you can throw some light on these matters, It would be of great relief to me who has spent in this country for 11 years legally paying all the taxes.:confused:
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sanju_dba
09-14 04:30 PM
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
more...
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yabadaba
07-21 08:52 AM
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
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belmontboy
04-10 06:56 PM
There should be tighter provisions against multiple applications [via multiple employers]. it prone to abuse - as a way to increase chances of lottery [as it happened this yr].
There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.
Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!
There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.
Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!
more...
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starving_dog
06-13 01:17 PM
Was that 2007 you were referring to?
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texcan
09-10 10:15 AM
Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Friends,
I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.
I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.
In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Friends,
I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.
I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.
In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.
more...
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EB3June03
06-16 06:17 PM
Like the original poster, I too am in the US for more than 11 years (12th year about to complete)
I too had my PPD test (skin test for TB) come out positive but i don't know exactly how big the size was.
I just came from a civil surgeon who said that i might have to undergo the treatment for it if the size was above 10 mm. He also said that i will have to be retested for it if we don't find the reports of the size when this was done earlier. My PCP had mentioned that there is no point it getting the test done again.
I had submitted my medical exam records with my 484 application in July 2007. I wonder if USCIS is trying to boost the economy by trying to get us go for the medical again? (my lawyer says to go to the doctor and get a medical exam done again would be the most practical and quickest way to respond to the RFE.
I too had my PPD test (skin test for TB) come out positive but i don't know exactly how big the size was.
I just came from a civil surgeon who said that i might have to undergo the treatment for it if the size was above 10 mm. He also said that i will have to be retested for it if we don't find the reports of the size when this was done earlier. My PCP had mentioned that there is no point it getting the test done again.
I had submitted my medical exam records with my 484 application in July 2007. I wonder if USCIS is trying to boost the economy by trying to get us go for the medical again? (my lawyer says to go to the doctor and get a medical exam done again would be the most practical and quickest way to respond to the RFE.
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hopein07
03-14 12:29 PM
Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.
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GC092003
04-13 12:50 PM
I have same concerned. I have been waiting for too long to get my GC procee done. I can't live with current employer any longer. I am waiting for 1-485 to be filled. My PD is sept 03. Do you guys have any feeling if we can file it before this summer (like July)? Another concern is based on current situation with USCIS, it is about 8 month wait for I-485 to be processed. As you mentioned, it might be longer waiting time for this process since many people who had waited, will be filing. Please give me your feeling of feasibility date. Thanx.
JazzByTheBay
10-27 12:52 AM
It's a well-know fact that Senator Kennedy only empathizes with "undocumented workers", and feels they deserve to be given "a path to citizenship" (amnesty by any other name is still amnesty... ) - understandably so given the demographics and numbers.
jazz
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
jazz
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
Openarms
10-03 10:17 AM
Even PA DMV also adopted more troublesome procedure of giving DL to the LEGAL IMMIGRANTS.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?
What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.
Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??
Please share your experiences from other states if any similar sort.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?
What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.
Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??
Please share your experiences from other states if any similar sort.
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