smisachu
06-08 03:28 PM
Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
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chanduv23
07-06 09:49 PM
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.
Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.
Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.
Cheers
Kris
Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.
Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.
Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.
nareshg
10-05 01:11 AM
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..
I have to ask them again as to what is happening, have not heard back from them....
my current status as of 10/4/2007 says...
Current Status: We mailed you a notice requesting additional evidence.
On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..
I have to ask them again as to what is happening, have not heard back from them....
my current status as of 10/4/2007 says...
Current Status: We mailed you a notice requesting additional evidence.
On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....
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pitha
06-11 06:37 PM
Even though this is your first post ever you are right, so you seem to understand things much better than people who have been following this forever. There are no favaroable amendments for us, the "good news" so far is proposed amendment from Collins which is going to abolish consulting for H1!!!!!!!!!!!! This is the sort of favorable amendmnets which will keep comming if the CIR comes back and on top of this, the reporter who wrote about this amendmnet, says that this brainwave amendment came after Microsoft CEO Steve Balmer met with Kyl!!!!!!!!!!
The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:
Lets hope cir dies and if not then start opposing CIR
I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.
PS I do hope I am proven wrong though :-)
The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:
Lets hope cir dies and if not then start opposing CIR
I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.
PS I do hope I am proven wrong though :-)
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kaisersose
04-21 02:09 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
GCD
07-28 11:15 AM
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
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ivgclive
04-21 01:31 PM
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
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abhijitp
01-26 09:32 PM
^^
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raydon
09-17 09:50 AM
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
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phillyag
05-30 04:43 PM
2. I140 receipt
3. I485 receipt
Would photocopies do for the above 2 docs ?
3. I485 receipt
Would photocopies do for the above 2 docs ?
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mmanurker
04-13 01:54 PM
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
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alien2006
06-13 01:44 PM
My guess is you will be current in September 2006, may be October latest. But keep your fingers crossed. Logic does not apply too well with these things.
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txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
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suresh_la
11-30 12:10 PM
I have Labor (PERM) and I140 approved from my current employer.
can I apply trasfer and extension with new employer.
Advice is highly appreciated.
can I apply trasfer and extension with new employer.
Advice is highly appreciated.
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sanjayc
05-27 08:45 PM
Can you please help, if there are some instructions handy. I am having difficulty for following fields
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
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mhathi
01-08 09:08 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
This was for my H1 and my Spouse's H4 visa.
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Green.Tech
09-16 03:37 PM
Will call the rest during my next break :)
Thanks abqguy!
Thanks abqguy!
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mrdelhiite
08-07 05:55 AM
I filed my 485 on 2nd July and I am in process of filing 485 for my wife soon. I wana document and ask if there anything different from my 485 filing. Also can someone provide a list of supporting documents that I need attach to her application. I do have a rough list of mine but i wana make sure i dont miss anything.
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
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seahawks
06-26 09:07 PM
Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?
Nil
11-09 11:10 AM
^^^^^
deepakjain
01-08 09:44 AM
Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.
Regards,
Deepak
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.
Regards,
Deepak
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