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Saturday, June 18, 2011

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  • GC_ASP
    03-08 01:47 PM
    Zcool,

    Sorry to hear that. My friend also got very much similar RFE for H1 extension. Company replied to the RFE with the help of one of the best attorney's. It has been almost 3 months since he replied. But no action so far from USCIS. He is using AP to travel to india. There is always a chance that USCIS may issue a RFE on your 140 as well. My friend is planning to change the employer to avoid this mess. Consult a good attorney to come out of this.

    good luck.





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  • maristella61
    02-21 01:11 PM
    Employment Verification Letter.

    Thanks !





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  • sodh
    07-12 03:56 PM
    Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....
    180 days is the limit you can stay legal even after your H1-B expires provided you have applied in time for the extension and ofcourse if your extension is not rejected.





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  • vinodp1978
    07-02 11:37 PM
    Hello Everyone,
    I live in the western suburbs and would like to be an active part of this chapters effort. Please post the details of upcoming conf calls/meetings if any.

    Thanks



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  • leoindiano
    09-19 01:47 PM
    Thanks Swede,

    You set a great example to this community.





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  • seekerofpeace
    09-23 10:34 AM
    Folks,
    It is worth trying but from my experience over the last 3 years of contacting congressman's office....it really is not that important.....I have heard that the congressman needs to be influential et al...that's nonsense...the congressman never gets to read ur mail...it goes to an immigration person mostly a junior staff member and he does what lawyers do thru AILA to get info on the case...they can neither expedite a case nor get valuable information for you...
    Regards,
    SoP



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  • gaz
    03-16 02:16 PM
    He's not my lawyer. I just hear of him out here in the various posts.

    As for the things you ask below - why should he do any of the things you ask for - its none of his business. Or actually, its none of our business to tell him how to conduct his business.

    Don't want to get into a mudslinging fest here - just wanted to point out that sometimes posts like the original one are useful.


    You can do hero worship of your lawyer whoever it is. I will not.
    Ask him/her if he will do advocacy effort for you or sue USCIS since all his clients are struggling in the long wait and spending a lot of money on immigration consultations, fees etc.

    Ask him if he contribute to IV instead?

    Ask him to give you priority instead of your employer who gives him business every year.





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  • dpp
    01-10 11:09 PM
    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.



    All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !



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  • iviviv
    10-09 01:06 PM
    No wonder Congress is not acting on any retrogession reform legislaiton because of only 100,000 backlogged cases. It would probably millions of cases before they took action.

    Hope, they do take action!!!!





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  • rjain15
    07-06 06:13 PM
    Hi

    My wife's EAD Expires on Aug 18th, I filed on May 20th. On previous occasions I have got it renewed within a months time. The only difference this time was that we have AP, so the e-File options were different.


    Is anyone experiencing delays in the same time frames...

    What is the option if the EAD doesn't come back by Aug 18th. Can I go for temporary extension at the local USCIS Office.

    thanks
    RJ.



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  • Prophet
    05-19 05:51 PM
    git
    hows that for spelling?! ;)
    lol j/k also :P

    Prophet.

    Edit:- btw shouldnt it be grammar? ;)





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  • truthinspector
    02-17 12:18 PM
    Is it adequate if we know the case number? I was able to dig out my case number from there.

    A few question related to the database:

    1) Is the received date the same as the date the labor was filed (in other words, the priority date)
    2) The 2005 and after database structure does not have employee name, and there are multiple records found on "prioirty" date, is there any other field that can be verified from other documents like the case number etc? How to nail down to exact record for me?
    3) Is the SOC code the same as what we should be looking for "same or similar" job?
    4) Assuming answer to above Q is yes, from where can we find detailed job duties for these codes?

    Thanks cool_desi_gc, this is a very good tool provided we know how to correctly interpret the data.



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  • talash
    04-25 03:49 PM
    Hi folks !
    need help .
    I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
    Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
    please advise !!!





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  • pa_arora
    07-16 01:08 PM
    I will give you a green too. You have been a great help to forum members understand retrogression issues.
    how do u give a green or red dot??



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  • frankiesaysrelax
    09-19 10:36 AM
    .... was fantastic. With those numbers, it is not an easy task. The rally organizers made it look very easy. Smoooth.... I *Doff* to IV core and the organizers.





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  • ca_immigrant
    03-22 11:28 AM
    Hello,

    So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.

    He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.

    I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.

    when u say "cleared for approval" does that mean u are all set to GO GREEN ?
    in that case.....congRATS !!



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  • a_to_z_gc
    01-04 04:21 PM
    I am July 6th filer and I opened a SR on Oct 6th and got my FP done (including my wife's) on Nov 23rd. I guess opening a SR is a way to expedite this FP process...





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  • Yeldarb
    04-18 12:21 AM
    I believe Lou was referring to conversing on the internet. It definitely isn't a turn on to an employer if you are a 1337 h4><()r. You have to be able to get your words across. That is not to say that you can't use a bit of slang.





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  • krishmunn
    03-10 07:34 AM
    You will need to do some research regarding the legitimacy of this university. I did a quick look up and it looks the University (of Melbourne) is legit. But the logo of University as in their website and that in the degree copy which you presented are different.
    The other thing that concerns me is, most legit University do not use sample copy of degree as a marketing tool.

    I know how to verify the legitimacy of an US University or Indian University but not for Australia.

    Having said that, if you get a 3 year post graduate degree (not diploma) from a legit non-US university (in Comp Science or something related to your job) combined with your 3 year degree should qualify for EB 2.
    USCIS will accept the degree as long as the University is legally accredited in its home country

    If you have completed one year in this University, you can try to use 3 year degree + 1 year post degree work (in this university) as a 4 year degree equivalent for getting admitted to a Masters in a US University. Normally , many major US university count 3 year degree + 1 year PG course for Masters entrance requirement. Once you have a US Masters , that is the safest option.





    Fightwithfate
    03-19 08:15 AM
    1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
    2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
    3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
    4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.



    H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.

    I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.

    Thanks for sharing your "sad" story!


    ________________
    Not a legal advice.

    Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
    You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
    Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
    When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
    I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear





    p_kumar
    09-21 04:40 PM
    does it mean i will get my EAD processed as per my RD which will be much earlier?. :D
    thanks for you response.



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