gc4arun
06-23 08:35 AM
Could you please provide your input on this . Thank You.
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
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kisana
04-10 12:13 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
Als one more thing "Which USCIS Office?" section which date I need to put there.
uma001
05-04 10:01 AM
Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
Let me know if others got it.
I sent an email letter ( format and content from AILA (guess)) to him/her
I will let you know the details of the letter later
Let me know if others got it.
I sent an email letter ( format and content from AILA (guess)) to him/her
I will let you know the details of the letter later
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shahuja
02-07 01:29 PM
Try calling the DOS and explaining then what's going on and see who you can call to check the status next.
The lawyers email is text book response and may not help you much.
If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!
i called DOS again and they say its in the final processing stage at the embassy..check with embassy..and embassy said waiting for information from DOS..i just hope VO doesnt send it back to DOS for more processing again...
how did your wife's PP go ?? any news from embassyy..
The lawyers email is text book response and may not help you much.
If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!
i called DOS again and they say its in the final processing stage at the embassy..check with embassy..and embassy said waiting for information from DOS..i just hope VO doesnt send it back to DOS for more processing again...
how did your wife's PP go ?? any news from embassyy..
more...
gc28262
08-27 08:08 PM
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
Here are threads relating to that.
http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
Here are threads relating to that.
http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
mirage
03-06 01:03 PM
Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
http://groups.yahoo.com/group/yourvoiceiv/
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
http://groups.yahoo.com/group/yourvoiceiv/
more...
whitecollarslave
04-17 04:51 PM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I would suggest getting something in writing and filing a complaint with DOL.
I think Lou Dobbs will be happy to report H-1B abuse :)
If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I would suggest getting something in writing and filing a complaint with DOL.
I think Lou Dobbs will be happy to report H-1B abuse :)
If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)
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Kalidindi
07-26 02:12 PM
Mine was EB2 and am from India
more...
santb1975
12-24 01:13 PM
I will post this on the So.Cal state chapter
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puskeygadha
07-17 03:56 PM
They give very generic answer to clients
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
more...
sumansk
09-26 04:52 PM
Same thing with me.. every time I call they say wait 90 days.Even I tried to tell them that its more than 90 days old that I sent..without luck...
Thanks
Thanks
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rjgleason
January 5th, 2005, 02:08 PM
Just some saturation on the reds...but that's how it looks in real life
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
more...
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rpatel
02-13 08:26 PM
Work Together, Win Together.
Join IV to fight the injustice against 'legal Immigrants'
Join IV to fight the injustice against 'legal Immigrants'
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ski_dude12
12-22 12:27 PM
Please contribute to IV.
I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:
I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:
more...
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ddanait
02-07 02:48 PM
Hi
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
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Hassan11
03-26 10:49 AM
I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you
more...
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Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
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jy1021
02-12 10:35 PM
I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
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CantLeaveAmerica
03-28 09:48 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
GlobalCitizen
07-26 09:05 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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