gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
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p_aluri
07-24 03:13 PM
PD has nothing to do with EAD processing. They're not linked.
There is no Priority Date on my I-485 receipt notice. Is that a problem?
There is no Priority Date on my I-485 receipt notice. Is that a problem?
devs
06-19 05:11 AM
thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
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newlab
06-02 03:36 PM
Hi Dolicus & Sanjay02,
I got the same case status update online. Could one of you please let me know what this means?
1) were you asked to go through an interview? or
2) is it for speed processing of the application.
Thanks.
I got the same case status update online. Could one of you please let me know what this means?
1) were you asked to go through an interview? or
2) is it for speed processing of the application.
Thanks.
more...
jonty_11
04-11 04:08 PM
how do you know its run by funding generating from immi fees? any links?
Even so; not being a Vote bank is the reason we cannot do anyting here. Plus we are not united enough to generate enough funds or show enough economic impact (i.e. make our case) with lawmakers to get USCIS to clean up their act. IV is our best chance.
Even so; not being a Vote bank is the reason we cannot do anyting here. Plus we are not united enough to generate enough funds or show enough economic impact (i.e. make our case) with lawmakers to get USCIS to clean up their act. IV is our best chance.
yagw
06-13 12:45 AM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
more...
webm
05-13 10:54 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
__________________
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
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solaris27
07-19 10:43 AM
<<date>>
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
<<NAME>.
Bureau of Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501
Dear <<NAME>:
This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].
His job duties are: [insert the job duties].
If you have any questions regarding this application, please do not hesitate to contact me.
Sincerely,
XXX
Title
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godbless
05-01 09:08 AM
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
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Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
more...
abhisam
08-18 01:24 PM
there are 2 scenarions in the situation:
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
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QuickGreenCard
04-27 07:23 PM
Hi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
more...
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de2002
03-24 05:15 PM
http://firstread.msnbc.msn.com/archive/2009/03/19/1843837.aspx?p=1
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sundarpn
01-19 12:27 PM
from other posts, I have seen 10 working days wait times.
Pl. keep your post updated for the benefit of others.
Also contact your attoneys and ask them to find ways to check if your petition is present in PIMS. My attorney says there is no way he can. I also called DOS & KCC, they are not helping either.
thx
Pl. keep your post updated for the benefit of others.
Also contact your attoneys and ask them to find ways to check if your petition is present in PIMS. My attorney says there is no way he can. I also called DOS & KCC, they are not helping either.
thx
more...
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americandesi
02-01 01:22 PM
Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
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vnsriv
07-05 12:53 PM
Thanks
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javadeveloper
08-08 10:01 AM
I think so , after july 2nd , my company waited for a week and applied on 9th july
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lagsam
05-19 03:31 PM
If they are have not reniewed their EAD then they cannot work.
With regards to their status, it is still AOS. It is not affected.
If I were you I would renew their EADs so they could continue working.
With regards to their status, it is still AOS. It is not affected.
If I were you I would renew their EADs so they could continue working.
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doomdoom
08-24 10:30 PM
thanks for your quick reply.
What about using AP for status check? Will they accept that?
What about using AP for status check? Will they accept that?
pa_arora
07-31 05:14 PM
Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
Krilnon
03-29 03:29 PM
No you are not! ;)
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