omiboy
09-21 10:02 PM
Can someone please help me?
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
zico123
04-19 08:55 PM
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
GCard_Dream
08-20 06:49 PM
I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.
I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?
The Story Thus far:
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?
The Story Thus far:
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
mjadala
09-06 05:55 PM
Lack of communication between USCIS and DOL
more...
malibuguy007
10-01 08:25 PM
Thanks eb2 - the IV community appreciates your generosity
msyedy
01-10 02:06 PM
Hey BacktoSchool
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
more...
amitga
03-27 10:23 PM
I think its a typo and you should contact USCIS through your lawyer and get this problem corrected to avoid any problems later.
knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
more...
shadowbuddy
03-15 02:14 AM
Hi All,
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
rockstart
09-12 09:25 AM
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
more...
lazycis
06-13 12:15 PM
http://www.immigrationportal.com/attachment.php?attachmentid=16087&d=1177023943
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
rajsri
11-12 01:48 PM
Thank You for the information. But
1) I have heard from someone that there is a statement on their website that the transit visa is required only if the stay is more than 10/20 hours.
2) Where do they check for the transit visa? is it done while boarding into the airport in US or while entering into the German airport? If they find that we don't have a transit visa in Frankfurt airport, what would they do?
Please answer to my questions, this is really needed for me to act on getting the transit visa.
1) I have heard from someone that there is a statement on their website that the transit visa is required only if the stay is more than 10/20 hours.
2) Where do they check for the transit visa? is it done while boarding into the airport in US or while entering into the German airport? If they find that we don't have a transit visa in Frankfurt airport, what would they do?
Please answer to my questions, this is really needed for me to act on getting the transit visa.
more...
chanduv23
12-01 06:27 AM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
Aah_GC
05-05 07:27 AM
Hello Friends,
Thanks for your time and for the suggestion. Some good news, we went back to the airport - got hold of the trolley folks (where my father had misplaced his passport pouch) and there were some really friendly folks who helped us locate the pouch from Lost and Found department. This happened in JFK.
Thanks again for the help.
Thanks for your time and for the suggestion. Some good news, we went back to the airport - got hold of the trolley folks (where my father had misplaced his passport pouch) and there were some really friendly folks who helped us locate the pouch from Lost and Found department. This happened in JFK.
Thanks again for the help.
more...
indyanguy
06-30 09:33 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.
I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.
According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.
I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.
txh1b
08-20 06:27 PM
Does she have a 485 pending as well?
more...
funny
08-13 12:41 PM
Hi Folks
I have 2 Approved I140's.
EB3-I PD oct 10, 2003 - Approved - TSC
EB2-I PD July 6th 2006 - Approved - NSC
I filed my 485 on july 2nd 2007 - TSC
RD July 2 2007
ND Aug 16th 2007.
My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.
I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.
Thanks
I have 2 Approved I140's.
EB3-I PD oct 10, 2003 - Approved - TSC
EB2-I PD July 6th 2006 - Approved - NSC
I filed my 485 on july 2nd 2007 - TSC
RD July 2 2007
ND Aug 16th 2007.
My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.
I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.
Thanks
immiindi09
01-09 04:36 PM
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
whiteStallion
01-20 02:24 PM
Great looking site ! Kudos to all those who made this happen over the past few days ! Way 2 go...
insbaby
04-08 11:28 PM
The indian consulate needs a proof of address for me and my wife
We sent them the Property tax bill and hoped that it would work but get this mail from travisa
Proof Of Residence - Unacceptable
The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.
Now why does not a property tax not work ? it is issues by the county.
We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill
Any suggestion ? or anyone had a similar issue ?
Thanks in advance !!
Think about these...
You sent property tax bill, so I guess you own a home! Send the copy of first page of the "Deed", notarized.
1. Utility bill
2. USCIS AP if any
3. Phone bills (doubtful)
Send at least 3 different types or all possible documents you have if they ask for 1.
If nothing has her name, send yours + copy of your marriage certificate, notarized and explain the situation.
We sent them the Property tax bill and hoped that it would work but get this mail from travisa
Proof Of Residence - Unacceptable
The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.
Now why does not a property tax not work ? it is issues by the county.
We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill
Any suggestion ? or anyone had a similar issue ?
Thanks in advance !!
Think about these...
You sent property tax bill, so I guess you own a home! Send the copy of first page of the "Deed", notarized.
1. Utility bill
2. USCIS AP if any
3. Phone bills (doubtful)
Send at least 3 different types or all possible documents you have if they ask for 1.
If nothing has her name, send yours + copy of your marriage certificate, notarized and explain the situation.
GCard_Dream
06-11 06:23 PM
Come on guys. Just let it go. He/she already admitted that it was a mistake. What do you guys propose we do.. hang him? Just give the poor guy a break.
If someone can, please close this thread because we are discussing the same topic in 2 different thread.
If someone can, please close this thread because we are discussing the same topic in 2 different thread.
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