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Sunday, June 26, 2011

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  • arukala
    01-29 11:14 PM
    Hi Friends,

    Here is a Story:
    1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
    2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
    3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
    4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
    5) After 60 Days, Opened an SR with USCIS on 01/23/09
    6) Received an Email of Denial Notice on 01/29/09
    7) Reason for Denial is not Known

    FYI:
    1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.

    Questions:
    1) If I open MTR, are we (Me and My Wife) in Status?

    2) How much time normally takes to accept MTR

    3) How long we (Me and My Wife) can stay in USA?

    4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?

    5) Can I continue the current project After I apply MTR?

    6) Can I start working with Company B While H1 Transfer is pending?

    7) Do I have to wait until its Transfer gets approved Or MTR Approved?

    8) What are the chances of approvals in Premium processing in Current Market

    9) Can company B apply for H4 Extension Along with H1 Transfer?

    I appreciate if you can let us know about other possibilities now.

    Please respond at the earliest

    Thanks
    Ravi





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  • sheelalann
    05-21 09:13 AM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)

    Congratulations !! Enjoy the freedom





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  • kpkrind
    05-04 03:33 PM
    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)

    My wife's status was changed from h1 to h4, however her h1 is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

    Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?





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  • suman
    12-17 06:20 PM
    Thank You all I appreciate.



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  • fromnaija
    01-13 10:58 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:

    Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!





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  • virtual55
    07-29 03:28 PM
    In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.


    Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.

    It is not fair.


    This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.



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  • sabbygirl99
    03-28 04:45 PM
    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.

    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.





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  • fcres
    07-25 02:46 PM
    If we are notarizing a BC affidavit in US, can i get it notarized by any notary or do i need to go to Indian Consulate?



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  • newbie2020
    06-25 02:29 PM
    If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,

    The amount will reflect in the 2008 W2.

    You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?





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  • jonty_11
    07-23 04:49 PM
    I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.



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  • rb_248
    10-19 04:58 PM
    Friends,

    If you want to use AC21 and are worried about matching job descriptions, you may do the following:

    Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)

    Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.

    My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.

    My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.

    I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.

    PM me if you have any further questions.





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  • sathyaraj
    11-01 09:53 PM
    I depends on how many of them are in line already. If there are more than 61,000 with PD > 2006 then it will not help much. Also IV focuses on alleviating issues of all skilled immigrants issues not for specific group.



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  • anoopraj2010
    07-29 08:11 AM
    My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
    Questions :
    1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

    She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

    2. What will happen to her case if something happens and I pass away while she is waiting?

    3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

    4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

    Your help would be much appreciated.





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  • shreekhand
    07-04 10:47 PM
    Look at the May VB, it was current, obviously;)


    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?



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  • Anders �stberg
    May 3rd, 2005, 05:29 AM
    Nice work Anders. Personally, I pan for the stuff on the ground and leave the in air stuff static.That's probably a good approach, panning should be eaiser in the slower corners too.





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  • ram04
    05-23 10:36 AM
    Re entry with new H1 in 2003 - will it not reset your prior record straight?

    Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?



    I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

    So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
    -Why your case was denied at that time (L1B extension???) This usually never happens�
    And/or
    -What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

    Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

    So your research might be right about the 240 day thing which could put this into a different level.

    I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe



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  • prom2
    11-05 12:32 PM
    Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.

    On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Mine was the same, I receive email on 11/04 and notice sent on 10/17.
    Good luck.





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  • asiehouston
    09-08 10:38 AM
    :confused:I am going to call the USCIS customer service and ask them what should my next steps be... Will keep you guys posted!





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  • sargon
    02-25 10:09 AM
    LoL. No wonder she got caught. She is not only a thief, she is also stupid.
    :rolleyes:

    Details says your friend and the title says you (used 'I').
    Which is correct. ?





    PD_Dec2002
    07-07 09:46 PM
    We just published the ad a week ago. Is that a big deal to revise now ?

    Well, it's going to cost the company to put out a new ad. Might be a big deal for them.

    Thanks,
    Jayant





    meridiani.planum
    04-02 03:39 AM
    inline...
    My employer refuses to give my copy of approve LC.

    -- thats not a good sign.. he does not seem to be co-operative...

    I had MS + 1.5 yrs of exp.

    So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.

    I am willing to take the risk.

    Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.



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