arnab221
11-11 01:23 PM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
This year has seen like a 100 letters go back and forth between the house and senate on High skilled immigration , and we are where we were . The only outcome that the senators have had is they have improved their letter writing skills :D, and the only advantage nancy pelosi has had is that she is now the proud owner of a file which by now is 100 letters thick all pleading her to reform the immigration process and how prodly she can proclaim that she has done NOTHING to improve our plight . :D
SORRY to SAY this but cannot help but be sarcastic. :confused:
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
This year has seen like a 100 letters go back and forth between the house and senate on High skilled immigration , and we are where we were . The only outcome that the senators have had is they have improved their letter writing skills :D, and the only advantage nancy pelosi has had is that she is now the proud owner of a file which by now is 100 letters thick all pleading her to reform the immigration process and how prodly she can proclaim that she has done NOTHING to improve our plight . :D
SORRY to SAY this but cannot help but be sarcastic. :confused:
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myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
angelfire76
04-02 01:45 PM
What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.
Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.
Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.
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Kumbakonam
11-09 09:11 PM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
more...
nb_des
06-05 11:04 AM
"Unless you *are* a US citizen, you must choose the second option."
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
kondur_007
10-16 12:11 PM
I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
I appriciate your help.
Thank you
There are two options here:
1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS
2. Send the above documentation to USCIS.
The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
Good Luck.
I appriciate your help.
Thank you
There are two options here:
1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS
2. Send the above documentation to USCIS.
The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
Good Luck.
more...
yogirajd
11-09 12:43 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
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fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
more...
angelfire76
04-02 01:45 PM
What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.
Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.
Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.
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Rajwaitingon140
10-02 05:20 PM
MYGCBY
Which Center did you filed your case?
Thank you
RajWaitinon140
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
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.
Which Center did you filed your case?
Thank you
RajWaitinon140
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
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.
more...
claudia255
10-22 03:11 PM
Thanks Admin2.
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thesparky007
04-17 07:48 PM
there you go! I really like that one! :A+:finally!!
thanks
thanks
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WhatheHeck
07-12 01:33 PM
Thank you Dhirajs98 and Pappu.
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HV000
10-10 07:08 PM
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
more...
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TeddyKoochu
10-15 04:05 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
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ivar
02-04 05:39 PM
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.
Thx,
R.
Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.
Thx,
R.
more...
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moonrah
06-01 08:45 AM
Be adviced, even though they are ready to file your GC in EB2, they frequently lay off people in which case they might not be able to file your GC on the commited day. Big companies go by book. Generally when company lays off, it can not file new labor within 180 days of the effectice lay off. Of course it depends on what kind of people they are laying off and if the title matches your position and what not. But this happened to me. I work for another big company (not oracle) and mine was delayed six months due to this reason. I do not want to scare you but just want to educate you. Think about all these scenarios before making any decision. Good Luck.
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sc3
09-25 02:10 PM
Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
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ruwanb
10-16 11:09 AM
Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
bhatt
02-06 05:36 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
- I am not sure about the 2nd Question.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
- I am not sure about the 2nd Question.
gc_check
03-13 10:30 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
http://www.murthy.com/mb_pdf/030609_P.html
See under Improper Denials of I-485 AOS on Priority Date Issue
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
http://www.murthy.com/mb_pdf/030609_P.html
See under Improper Denials of I-485 AOS on Priority Date Issue
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