GC_ki_daud
03-13 03:17 PM
Hello Members and GURUS,
One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.
My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??
One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.
My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??
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ArunAntonio
08-21 08:07 PM
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GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
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longq
03-29 11:09 PM
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.
more...
saileshdude
08-28 10:32 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.
Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.
Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
txh1b
08-18 11:34 AM
does anyone know to whom should i report the issues i have with my previous employer?
it is regarding the salary and unpaid dues..
Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.
State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.
it is regarding the salary and unpaid dues..
Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.
State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.
more...
gcseeker2002
06-25 12:02 PM
My employer pays all uscis fees for me, for my spouse I pay(745$) . Employer pays lawyer fees, not sure if lawyer will ask for spouse fees later. I pay for medical and tests(not yet got bill for that)
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gondalguru
06-19 11:45 PM
Please help me as I am in big confusion.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
more...
vallabhu
02-20 10:11 PM
I live in ATL, Count me in.
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angelic
February 26th, 2004, 11:13 PM
Ok, I did it..but now I have to go whip myself for exibiting the sin of pride :(
Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.
Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.
more...
lostinbeta
09-10 12:01 PM
Sounds pretty "nifty":nerd:
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silvinhaphn
05-05 09:05 AM
Hi aperregatturv
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
I'm in the same situation... Did u travel before u got the card?
My case was approved on April 27, but I have got nothing on the mail so far and I have my sister's wedding to attend in my country... My husband can go later and give it to me, but I'm a little afraid.
I wanna know if evrything was ok with you and if u would recommend me to do that. I'm going crazy cause my flight is for May 11th and if I need to cancel I gotta do it 2 days in advance, no later than tomorrow I guess... I don't know If I should wait or just cancel flight. I'm going crazy!
Please let me know how it went for you. Or if anyone else have traveled in this way before, give me some advice.
Thanks to all in advance!
Best
more...
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same_old_guy
04-13 04:22 PM
Just saw it in AILA site :
http://aila.org/content/default.aspx?docid=22101
Is this same as Skill Bill with a new name ?
http://aila.org/content/default.aspx?docid=22101
Is this same as Skill Bill with a new name ?
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girishvar
02-26 12:46 PM
You have to use only H4. Under the last action taken rule B1/B2 is automatically invalid. Again H4 allows you to have dual intention for filing green card.
more...
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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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morchu
05-06 09:51 AM
Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.
Future "permanent" job offer letter from an established employer is safer.
Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".
Future "permanent" job offer letter from an established employer is safer.
Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".
more...
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GC_Wait2002
07-13 01:04 PM
Please post your valuble suggestions and experiences if any one had come across a situation like this
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sbmallik
05-04 10:59 AM
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.
An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.
An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
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rayen
12-02 01:15 PM
Experts,
My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....
I have approved 140 and my PD is : AUG 2006 EB2- I.
STATEMENT OF LEGAL SERVICES
H-1B visa extension deposit $ 700
H-1B visa USCIS filing fee $ 320
H-1B visa AWCIA filing fee $1,500
H-4 USCIS filing fee $ 300
Balance Due $2,820
Thanks, Rayen
My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....
I have approved 140 and my PD is : AUG 2006 EB2- I.
STATEMENT OF LEGAL SERVICES
H-1B visa extension deposit $ 700
H-1B visa USCIS filing fee $ 320
H-1B visa AWCIA filing fee $1,500
H-4 USCIS filing fee $ 300
Balance Due $2,820
Thanks, Rayen
go_gc_way
07-12 03:18 PM
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
pmpforgc
09-28 10:52 AM
Dear Members
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
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