pnjbindia
04-11 02:11 PM
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
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brad_sk2
04-15 11:51 AM
Congratulations!
sledge_hammer
06-09 05:25 PM
By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!
I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.
You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.
You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
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GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
more...
kroy1976
04-13 08:54 AM
Hi,
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
vroapp
02-22 10:26 AM
1--> you should qualify for a J1 as 140 is filed by your Husband's employer; better check with an attorney.
2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.
3--> Once your status changes to J1; HRR applies.
5--> depends on the specialty.
2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.
3--> Once your status changes to J1; HRR applies.
5--> depends on the specialty.
more...
whoever
01-10 07:10 PM
can you justify why chances are more of a eb relief from what numbers gang has?
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softa
June 1st, 2006, 04:56 PM
Thanks, your reply really helped me understand a few things. First of all, for the money I can spend there isn't much of a choice (meaning what I already picked is fine for the money spent), then, even more important fact I realized is that the equipment I can afford for now, can be a starting point in my photography experience. It is more important that I use it, take photos and practice than to own expensive gear and never really use it. In the end I hope that one day in the future when I gain the needed skill I'll be able to afford a better and a more advanced equipment. So, once again, thanks a lot.
more...
saji007
05-02 02:50 PM
1. New employer while filing for H1 Transfer will get 3 year
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
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asphaltcowboy
10-06 08:07 AM
Dessoya gets my vote. Outstanding! :thumb:
nice work everyone :)
nice work everyone :)
more...
royus77
06-25 09:34 PM
My H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
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ponvas
09-20 02:48 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
more...
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s416504
08-29 01:59 PM
justusa,
You have voted for receipted after 29th Aug From Texas (SRC).
How is that possible on 29th Aug ?
You have voted for receipted after 29th Aug From Texas (SRC).
How is that possible on 29th Aug ?
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eb2_immigrant
03-09 06:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
more...
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friend_in_NC
02-20 01:45 PM
Friends,
Just wanted to update about my case. After multiple calls each day, daily emails and faxes (for about 3 weeks which totals close to 14/15 emails and same number of faxes), I finally got a call back from Indian Consuldate in DC. <sarcasm> Indian consulate at it's best :p <\sarcasm>. They are going to process the application today and send it out in mail tomorrow. I guess better late than never. I had almost finalized my plans to drive 5 hours to DC on Friday and pick up my passport. I just want to give heads up to folks who may be trying to renew passport via mail at DC consulate. Please factor in at least 5/6 weeks of the processing time in case you have plans to go out of the country.
Thanks.
Just wanted to update about my case. After multiple calls each day, daily emails and faxes (for about 3 weeks which totals close to 14/15 emails and same number of faxes), I finally got a call back from Indian Consuldate in DC. <sarcasm> Indian consulate at it's best :p <\sarcasm>. They are going to process the application today and send it out in mail tomorrow. I guess better late than never. I had almost finalized my plans to drive 5 hours to DC on Friday and pick up my passport. I just want to give heads up to folks who may be trying to renew passport via mail at DC consulate. Please factor in at least 5/6 weeks of the processing time in case you have plans to go out of the country.
Thanks.
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papajon
06-18 02:23 PM
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
The lawyer said H1 can be extended while the appeal is still pending.
The lawyer said H1 can be extended while the appeal is still pending.
more...
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ufo2002
05-31 11:11 AM
Asian,
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.
I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.
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ricky26
03-14 10:24 AM
As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.
H and L visa's are exempt from having AP as long as they have stamp in their passport.
H and L visa's are exempt from having AP as long as they have stamp in their passport.
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tinuverma
11-09 10:10 AM
First, what is "diwali"? Are you just assuming that all members here understand your language and are same nationality?
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
Second,
180 days after applying for AOS you can use AC21 and change job.
Thanks. So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
Second,
180 days after applying for AOS you can use AC21 and change job.
Thanks. So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
eadguru
11-02 12:59 PM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
ek_akela
09-11 10:34 AM
Is there some clause where you need to be on a constant payroll once you apply 485..One of my friend who recently got laid off and thinks it might take him another couple of months to find a decent project..and during that time he won't be paid
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