bostonian28
12-10 12:16 PM
Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
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perm2gc
07-27 03:11 PM
Hello Gurus,
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
1. MTR process takes one year.
2.If you have EAD you can work,otherwise you cannot work.
3.No unless your spouse also has no EAD.
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
1. MTR process takes one year.
2.If you have EAD you can work,otherwise you cannot work.
3.No unless your spouse also has no EAD.
skothuru
07-18 10:35 AM
Check with this:
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
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vin13
03-31 03:22 PM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
Congratulations!
You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?
I wish you all the best ...
TKs, GG
Congratulations!
You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?
more...
aachoo
04-22 12:51 PM
This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.
-a
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
-a
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
chanduv23
08-09 08:39 AM
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TeddyKoochu
06-25 03:47 PM
Are the locations of your employer and client in the same city, otherwise the LCA submitted at the time of H1B extension becomes inconsistent. I believe your best bet is to file a new H1 if possible, MTR likely looks difficult as your current situation is different from what was petitioned. New H1 being approved may also depend on how big your company is internal project to them for consulting companies to them is synonymous with bench. All the best I believe you need a qualified attorney to assist you.
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go_gc_way
01-14 04:31 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
more...
ingegarcia
04-17 09:08 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
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coopheal
09-07 03:17 PM
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
Yes where is my green card?
Yes where is my green card?
more...
samuel5028
04-18 02:56 AM
Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
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CaliHoneB
01-24 03:10 PM
May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
more...
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javadeveloper
07-26 04:51 PM
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
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gc28262
03-26 09:28 PM
I never heard this? Any references to confirm this?
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
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bbabu
05-16 01:36 AM
Hi Guys..
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
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pappu
04-08 05:54 PM
Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
more...
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sgupta33
08-24 03:49 PM
The RFE should state how long you have to submit a response. I received an RFE on my I-140 application and was given two weeks to respond (but I had requested premuim processing so that may be why it was only two weeks) - this information was indicated on the RFE. Ask your attorney for a copy of the RFE, if you don't have it.
Hope this helps.
Hope this helps.
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BharatPremi
04-16 04:34 PM
What is an "MTR"?
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bluekayal
08-20 05:41 PM
I spoke to a TSC Immigration Information Officer (not customer service). he says they have about 9000 service requests they are looking at. Generally they are not supposed to give status info, but this person does. He is a people-friendly officer.
chanduv23
04-22 11:58 AM
There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
sdrblr
08-27 08:03 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
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