is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
wallpaper funny-pictures-kitten-stepped-
Thank you for your response,
I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.
I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.
even i have the same thing, mine was received by NSC and receipt mailed by NSC.
section says as UNKNOWN, called USCIS and she does not know any thing about it
section says as UNKNOWN, called USCIS and she does not know any thing about it
2011 Something Funny
bump
On Home page it is still not fixed.
How many days prior to the EAD and AP expiry date can we apply for EAD and AP renewal?
Thanks.
greencardfever
Thanks.
greencardfever
Folks,
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
2010 Something Funny. oil on canvas
Unseenguy, Thank you for the good, satisfying answer.
I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?
(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?
(3) I hear that one needs to get police clearance certificates. Where does they come from?
I look forward for your reply,
Thank you
I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?
(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?
(3) I hear that one needs to get police clearance certificates. Where does they come from?
I look forward for your reply,
Thank you
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
Did you get an answer?
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
Did you get an answer?
hair something funny
[source: http://www.jackson-hertogs.com/misc/permdesc.htm]
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
Haha this is great :D
hot Do Something Funny for Money
4. An apology from USCIS for the delay!!
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
house I#39;m looking for something
Sure.. I was having the same question.
Here is how it happens,
1. When you file for your I-140 Under EB2 you also provide the A#
2. So when your I-140 gets approved your 485 case will automatically know about this.
What you have do
1. Go to InfoPass and verify that your new I-140 is present on your application.
2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
3. your case will be approved in 25 days.
For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.
Cheers, GG
Here is how it happens,
1. When you file for your I-140 Under EB2 you also provide the A#
2. So when your I-140 gets approved your 485 case will automatically know about this.
What you have do
1. Go to InfoPass and verify that your new I-140 is present on your application.
2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
3. your case will be approved in 25 days.
For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.
Cheers, GG
tattoo Something funny going on
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
pictures something bad will happen
Please stop this discussion about US university and Indian university or for that matter about octopus
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
dresses Do Something Funny! . by
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
makeup Just something funny
No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.
girlfriend something funny here
Hi,
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
hairstyles Posted in Cheezfrenz | No
My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.
Could not attend the coffee appt. Hopefully will be able to attend the lunch.
Me (and two of my colleagues are) in the same boat!
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
