madooripraveen
03-25 01:59 PM
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
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chanduv23
12-11 09:11 PM
Attorney Reddy will be on IV chat today at 9.30 PM , members can ask immigration related questions
drona
07-12 02:39 PM
He always says he is pro legal immigration and that he is a champion of immigrants. He won't know what that means until he meets us! :) Let's give him some attention!
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rajev_kk
06-20 06:12 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
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nixone
08-27 10:03 AM
Thanks chantu and fresheb2.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
pcs
01-02 07:44 PM
I have completed 6 years on H1-B & my labor certification has been filed 4 times in the past & each time I got stuck in the backlog or lost the job.
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
more...
rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
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anilsal
01-01 02:37 AM
Some of us went through the backlog centres of labor that took 24+ months. So we all understand the trauma associated with the wait. :(
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ItIsNotFunny
09-23 09:10 AM
I don't get it - where are the rest of the 2468 members?
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
North East guys, please keep doing now!
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
North East guys, please keep doing now!
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logiclife
06-15 12:07 PM
How 'bout: Not filing because LCA is rotting in the basement of a BEC?
I have edited the poll to add that option. Literally.
I have edited the poll to add that option. Literally.
more...
srikondoji
07-23 02:15 PM
Why the heck you want to track, if there is no significance?
Wastage of time and server resources.
Please stop/limit the nonsense.
For rest of the folks......
Don't ask for cashing of cheques, receipts for july filers etc. When such a thing happens, people will shout out with a new thread anyways just to highlight it.
So, please don't start the threads for now.
Thanks
There is no significance, just to track
Wastage of time and server resources.
Please stop/limit the nonsense.
For rest of the folks......
Don't ask for cashing of cheques, receipts for july filers etc. When such a thing happens, people will shout out with a new thread anyways just to highlight it.
So, please don't start the threads for now.
Thanks
There is no significance, just to track
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vijayam
09-15 05:34 PM
Thank you for the reply.
I did my Master's here.
And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.
---Vijaya.
I did my Master's here.
And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.
---Vijaya.
more...
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hsingh82
04-09 05:33 PM
I think we will be in the long wait together :D, my perm should be filed in next couple of days.
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gc28262
06-27 10:48 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
more...
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eblues
09-05 06:06 PM
What is the reason your university cited for their position that you might be violating J status?
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
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shanti
08-03 10:36 AM
To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.
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aat0995
01-15 10:03 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
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Michael chertoff
02-01 09:04 PM
Hi Everyone,
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
why dont you apply for renewel?
Thanks
MC
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
why dont you apply for renewel?
Thanks
MC
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superdude
07-27 03:46 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
needhelp!
02-15 02:09 PM
Good work Pooja!
pappu
05-17 11:17 PM
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Test of your patience :)
Test of your patience :)
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