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rhlsur
08-18 11:41 PM
****** FURTHER UPDATE ON THIS - VERY BIZARRE ******
With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?
Thanks.
***** ORIGINAL POST ******
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?
Thanks.
***** ORIGINAL POST ******
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
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vverma17
08-19 06:44 PM
Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.
Mikoers
February 19th, 2004, 07:52 AM
Am I the only one who thinks it would be sheer genius if Kodak was to license the Canon mount? Imagine if they offered both Nikon and Canon mounts (even better - an interchangeable mount plate so you could have it both ways on one body)!
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
It could possibly be Kodak prefer Nikon bodies and lenses. Mike
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
It could possibly be Kodak prefer Nikon bodies and lenses. Mike
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reddymjm
03-16 12:20 PM
expect an RFE in a month or two. Also fill in your profile to help others...
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glores1970
07-26 03:56 PM
Good that we see more proof of Apps received on Jun 29 getting receipted.
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
sertasheep
08-03 09:43 PM
Bump ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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Dhundhun
06-09 06:53 PM
You can take Infopass to findout, wheather this notice is by mistake - if so you are out of problem. Otherwise, I don't think, there is any other option then getting it done, you can keep on extending till your wife comes here.
Take enough precautions so that finger ridges are properly scanned next time to avoid such calls. A small cut in fingers can delay legible prints for months. Sometimes skin diseases are problems. In newborns, finger ridges are not developed and it can happen with some grown ups. If you rub fingers against rough surface before FP, FP will not come properly.
The staff taking FP does visual scanning and runs preliminary program to verify whether scans are OK or not. With image scanning, number of repeat FP notice due to unreadbale prints is significantly reduced - so the notice you have received might be a mistake.
Take enough precautions so that finger ridges are properly scanned next time to avoid such calls. A small cut in fingers can delay legible prints for months. Sometimes skin diseases are problems. In newborns, finger ridges are not developed and it can happen with some grown ups. If you rub fingers against rough surface before FP, FP will not come properly.
The staff taking FP does visual scanning and runs preliminary program to verify whether scans are OK or not. With image scanning, number of repeat FP notice due to unreadbale prints is significantly reduced - so the notice you have received might be a mistake.
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Munna Bhai
10-26 11:18 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
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pointlesswait
09-10 09:16 AM
find another job..and restart ur GC..
apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...
but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...
i think you are cutting it tooo close..pal!
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...
but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...
i think you are cutting it tooo close..pal!
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
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njdude26
04-07 11:10 AM
Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?
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Rsamuga
07-24 04:31 PM
Hi -
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
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Raju
08-19 09:06 AM
its on main home page,
here is the link
http://murthy.com/news/n_2yrerr.html
This is wrong!!!!
I got 2 Yrs EAD. My I-140 is still pending. I know a few folks that also got 2 yr EADs with I-140 still pending
here is the link
http://murthy.com/news/n_2yrerr.html
This is wrong!!!!
I got 2 Yrs EAD. My I-140 is still pending. I know a few folks that also got 2 yr EADs with I-140 still pending
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gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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txuser
05-24 12:53 PM
Once you complete the e-filing, the online system will generate a PDF which has the instructions on how/whom to send the documents. You also need to attach a copy of the PDF while sending the docs.
I sent the docs thru USPS, with delivery confirmation.
Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.
I sent the docs thru USPS, with delivery confirmation.
Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.
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lord_labaku
10-08 01:33 AM
Worry about it after the fact.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
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nirenjoshi
05-25 09:51 AM
Several things to consider before making any decisions.
1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
All the Best!
1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
All the Best!
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rameshvaid
10-16 09:47 PM
Do the right thing. Don't try to find a loophole.
It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.
Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.
Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..
Good Luck..
RV
It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.
Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.
Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..
Good Luck..
RV
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mmk123
10-13 10:25 AM
Call USCIS and/or a good Lawyer to understand the rules for this scenario and take correct actions. Pls always obey the rules and play by rules.
Good luck.
Good luck.
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chehuan
01-18 02:50 PM
Thanks for the reply
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
webm
02-28 10:42 AM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
Is your friend didn't get FP notice last year or no FP done so far??
Is your friend didn't get FP notice last year or no FP done so far??
thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
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