kaisersose
04-16 02:29 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
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pcs
02-12 12:51 PM
This is a ground reality. We are a bunch og GOOD but Lazy people
desi3933
03-04 11:58 AM
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
The questions should be
1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?
________________________
Not a legal advice.
US citizen of Indian origin
This is not a legal question. If question is posted on web-site, that can be reported.
The questions should be
1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?
________________________
Not a legal advice.
US citizen of Indian origin
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singhsa3
04-12 02:57 PM
Nice thoughts Harvinder,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
more...
synergy
08-15 11:03 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
pak
07-27 03:01 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
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abhijitp
03-06 08:15 PM
Will scan and send on Monday.
Thanks for taking the initiative! Go IV!
Thanks for taking the initiative! Go IV!
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godbless
06-29 11:28 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.
more...
Nadiya
08-08 04:21 PM
I'll be there and will try to bring friends.
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jscris
July 15th, 2004, 03:27 PM
Those are wonderful, Anders! They should make up for quite a few days without great shots. :)
And thanks, QJ. I wish I could figure out how to make money at this. ;)
Janet
And thanks, QJ. I wish I could figure out how to make money at this. ;)
Janet
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nikh
12-21 11:18 AM
walking_dude and Munnabhai,
Its not fair to make such comments on her. Its very unprofessional from ourside to act like that even before a help denied by her. I think IV needs everyones help and input. Anyone including her might be of great help if they are convinced with our cause and willing to help. And, they deserve a respect.
By the way, i am neither a supporter of indian govt nor belong to a minority community.
nikh
Its not fair to make such comments on her. Its very unprofessional from ourside to act like that even before a help denied by her. I think IV needs everyones help and input. Anyone including her might be of great help if they are convinced with our cause and willing to help. And, they deserve a respect.
By the way, i am neither a supporter of indian govt nor belong to a minority community.
nikh
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BPforGC
06-23 04:12 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
more...
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tp976
04-30 05:38 PM
thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at
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Ann Ruben
07-17 05:25 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
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punjabi
08-13 11:12 AM
I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.
Unless there is already an active thread, we should not mind if someone opens a new thread!
Unless there is already an active thread, we should not mind if someone opens a new thread!
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nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
more...
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shouldIwait
05-22 01:03 AM
Admins....please block this guy
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seaken75
10-12 03:36 AM
I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
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vikki76
09-01 02:04 AM
I was just about to post this article and then saw someone already did this good deed. Apart from core issue of isolation of elderly immigration,this debate between unrestricted family based GC and employment quota will never end.
greencardvow
08-03 07:12 PM
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
neelu
02-09 11:27 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
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