My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
wallpaper quot;As happy as a pig in mud!
bmneni,
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
I think they touched our cases but i think they cannot give any result as there are no visa numbers left..
Lets hope for the best in last 6 working days !!!
Lets hope for the best in last 6 working days !!!
2011 Lehigh Valley Iron Pigs – Mud
I don't have copy of I140 . My H1B extension is based on I485 is bending more than 1 year. (If your 485 is pending more than 1 year then you will get one year H1 extension but some how i got 3 years)). Did you file your 485?
KPR
KPR
My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
what is the fee for I-131 is it $305 or $385? do I need to pay for the biometric fee? I already have my FP done when I applied for I-485. I sent my I-485 before the fee increase so I have to pay each time I renew EAD or apply for Travel document. Please advise. Thanks
I entered @ Newark in Aug 2008. The experience with using AP was smooth. I even forgot my folder with all my documents (clumsy) at the first desk which was on the lower level and the IO went and got it for me :)
2010 Ah, to be a happy pig in mud.
Ask your H1B holding company what should be your reply in case Consultate asks you about client details. This question will come to you 100%. So prepare for it. If you and your H1B holding company is satisfied then its fine. One solutions could be to mention in DS 156 that you are workking at your H1B holding company place. But its just a thought. Discuss it with your company.
Best wishes
Best wishes
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
can you guys tell usually what kind of information is requested in EB3 cases.
hair Also the local pigs like mud
Guys
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
hot Pigs in mud
Good fight guys, keep it going. We need reasons to laugh in this GC mess.
house Pig in the mud
So basically you are cheating the system? correct me if i am wrong.
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
tattoo Pig and Piglet in Mud Puddle
http://www.immigration-lawyer-us.com/images/talent-bill.pdf
pictures Pigs in mud
Does anybody know a good employment lawyer around houston area? I need to discuss my non-compete agreement with a lawyer ?
Thanks,
Thanks,
dresses Happy Pigs in Mud
The online AR11 form is giving 2 options . which one should we choose?
Only the first option (for US citizen) is giving options for pending cases!!!!
* Yes, this change of address is for a US Citizen
* No, this change of address is not for a US Citizen
Thanks
SK
Unless you *are* a US citizen, you must choose the second option.
Only the first option (for US citizen) is giving options for pending cases!!!!
* Yes, this change of address is for a US Citizen
* No, this change of address is not for a US Citizen
Thanks
SK
Unless you *are* a US citizen, you must choose the second option.
makeup Hike middot; Hike middot; Pigs In Mud
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
girlfriend I just to play in the mud.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."
Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.
And its signed by both parties of NEW and OLD company.
Is this letter sufficient for me to hang on to?
Should I ask for EVL too?
I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."
Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.
And its signed by both parties of NEW and OLD company.
Is this letter sufficient for me to hang on to?
Should I ask for EVL too?
I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.
hairstyles The king
According to my attorney, it will be an amendment to the existing I-140.
Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)
If you change from h1b to EAD you have to file one form (name i forgot) and your employer will send it Immigration office.
If you change from h1b to EAD you have to file one form (name i forgot) and your employer will send it Immigration office.
Its better to get rejected 2 or 3 times for student visa or H1 visa and give up on "coming to USA idea" than to get those and than suspend your life for 10 years after that until you get your greencard.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
