h1techSlave
04-02 03:30 PM
Did your status change after submitting the affidavits?
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
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DSLStart
10-02 09:07 AM
He better shut up and not make fun of Indian accent. George Allen an senior senator from VA had to face defeat last election over his macaca comments.
krishnam70
08-16 03:57 PM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
your checked it cashed means you will get the receipt notice soon. Why are you in such a hurry to know the receipt number? Never have so many people actually waited for their checks to be "CASHED" . so relax and take a break
cheers
Thanks.
your checked it cashed means you will get the receipt notice soon. Why are you in such a hurry to know the receipt number? Never have so many people actually waited for their checks to be "CASHED" . so relax and take a break
cheers
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mmk123
04-18 08:04 PM
we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..
thanks!
thanks!
more...
gk_2000
05-20 05:31 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss
surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
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madan
01-11 01:17 PM
Can you please help me to get the form .
Can i complete that and send to USCIS?
Thank You...
Can i complete that and send to USCIS?
Thank You...
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sunny1000
12-18 09:58 PM
They should also enforce it so that we don't get cheated by the employers.:p
Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.
Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.
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jonty_11
12-14 02:15 PM
Class of admission means the class/status she was admitted into the country with. So I think u should use H4. I think u should mail it together...
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sameer2730
02-03 08:54 AM
Should it be the date you last received a valid I-94 at the POE or the date you entered from canada or mexico using AR?
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haifromsk@yahoo.com
08-21 07:25 PM
Great Suggestions. and please dont hesitate in demanding ur employer.
employers come up with vague reasons like we dont want to share tax telated info with many lawyers etc etec etc. Dont listen. Exceptions are always there but in general company hired lawyers are incompetant as they work on a whole sale basis and less accountable. And company hired lawyers are faithful to the employer and not you. In case of crisis they back whomever pay them. So guys shell ur money out and go with ur own lawyer. Or be smart enough to negotiate with ur employer that they pay the whole sale rate to ur lawyer and u come up with the difference for hiring a good lawyer
employers come up with vague reasons like we dont want to share tax telated info with many lawyers etc etec etc. Dont listen. Exceptions are always there but in general company hired lawyers are incompetant as they work on a whole sale basis and less accountable. And company hired lawyers are faithful to the employer and not you. In case of crisis they back whomever pay them. So guys shell ur money out and go with ur own lawyer. Or be smart enough to negotiate with ur employer that they pay the whole sale rate to ur lawyer and u come up with the difference for hiring a good lawyer
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sk.aggarwal
05-20 12:11 PM
I think you can apply for H1 before 12 months but requested start date in LCA should be 12 months from the day you last left US
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mangelschots
05-02 09:02 PM
Senator Obama has filed the "Citizenship Promotion Act 2007" which
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
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for_gc
09-21 11:52 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
They are already taking too much money out of us ...
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LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
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Giri Velamore
02-10 03:03 PM
Hi
I saw the news about the passage of the stimulus proposals in Senate. Already there is a debate about dissociating the clause of 'Buy American' from the Steel sector. President Obama has mentioned that he doesn't want to have protectionist approach in the Stimulus package. So, in my opinion the proposal of Senators Grassley and Sanders about recruiting American workers for TARP funded companies might not be implemented. I agree it is a case of having a positive expectation whereas the members are preparing to face a bad situation.
I saw the news about the passage of the stimulus proposals in Senate. Already there is a debate about dissociating the clause of 'Buy American' from the Steel sector. President Obama has mentioned that he doesn't want to have protectionist approach in the Stimulus package. So, in my opinion the proposal of Senators Grassley and Sanders about recruiting American workers for TARP funded companies might not be implemented. I agree it is a case of having a positive expectation whereas the members are preparing to face a bad situation.
more...
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suny_saini
08-06 07:17 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
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greenguru
01-07 02:42 AM
Congratulations!
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
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jiraprapaasa
04-10 03:26 PM
Even she is 13 years old. She still need to purchase PIN and go for an interview.
champu
03-09 03:31 PM
start a consulting company. ;)
deepakmathew
10-01 10:32 PM
I had a similar experience a long time ago with Madras consulate. At that time, the Officer returned all my documents back without an explanation and hardly asked me a questions. After 2 weeks or so - they send me a letter asking for copies of the all certificates to be submitted along with a letter saying that the case was being reffered to a AFU - Anti Fraud Unit. I send all my education certificates.
It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.
This is obviously a traumatic experience for you. But you will be alright once they verify.
In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.
Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.
Hope this helps. You just need to patient. Best of luck
It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.
This is obviously a traumatic experience for you. But you will be alright once they verify.
In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.
Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.
Hope this helps. You just need to patient. Best of luck
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