tsarun11
07-12 05:33 PM
I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.
If I wish to change companies, how do I proceed - Is there a circumvent process?
If I wish to change companies, how do I proceed - Is there a circumvent process?
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Sai_07
06-27 10:31 PM
My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
va2000
10-10 09:30 AM
My lawyer told me that using EAD will not effected H4 status . It is good to get extensions on H4 along with H1 even you use your EAD to be safer side if some thing wrong with 485
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leo2606
09-24 08:38 PM
Yes, she is the primary applicant. I called the attorney this evening and he suggested H1 tranfer. I have seen people saying USCIS is rejecting H1-B transfers if the applicant already got EAD. I have to see how far that is true.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
more...
kaisersose
08-06 09:19 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
leoindiano
08-03 12:23 PM
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
There should be a box for A number, is it blank?
There should be a box for A number, is it blank?
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BECsufferer
12-07 11:02 AM
Hi!
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
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01-12 11:00 AM
Suvendra, sent you a private message. Kindly check.
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06-07 04:09 PM
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dj1234
02-12 02:59 PM
Rishikesh:
How much time did NSC take to approve your I-131 after you submitted the RFE?
I am in the similiar situation.
Please reply. Thanks
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
How much time did NSC take to approve your I-131 after you submitted the RFE?
I am in the similiar situation.
Please reply. Thanks
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
more...
eb3India
04-13 09:43 AM
are u kidd'n me,
Indians who are here with GCs most of them run Bodyshop companies, they get up everyday morning and offer two cocounts and couple of agarabthi to Lou Dobbs, Mits Ramni, USCIS and co for delaying our GCs so that they can sell more labours, keep h1bs for more time
get real dude, no one is bothered about us,
Indians who are here with GCs most of them run Bodyshop companies, they get up everyday morning and offer two cocounts and couple of agarabthi to Lou Dobbs, Mits Ramni, USCIS and co for delaying our GCs so that they can sell more labours, keep h1bs for more time
get real dude, no one is bothered about us,
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h1bemployee
02-25 06:25 PM
You need to provide more details on bold words from your post. If you really need pointers from IV members.
when my employer replied to the RFE, they came with more questions and doubts...and USCIS asked submit their tax documents
what I understood ..my employer don't want to appeal against it ..because USCIS may come back with more doubts abt the consultancy itself...
when my employer replied to the RFE, they came with more questions and doubts...and USCIS asked submit their tax documents
what I understood ..my employer don't want to appeal against it ..because USCIS may come back with more doubts abt the consultancy itself...
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werc
10-09 12:12 AM
I am assuming your lawyer meant that the H4 status could be reclaimed if necessary. As soon as one uses EAD the non-immigrant status gets lost.
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
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USDream2Dust
07-20 02:30 PM
Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.
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05-28 03:19 PM
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YesGC_NoGC
06-20 09:35 AM
Thanks
I will see if they agree to that or I will skip this opportunity and look for something else.
What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?
I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
I will see if they agree to that or I will skip this opportunity and look for something else.
What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?
I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
more...
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07-13 11:49 AM
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ganguteli
06-12 11:50 AM
I was born in Oct too :) :)
2 October 1869 ?
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bmoni
12-22 08:42 PM
I thought the same thing when i read it first time ...
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
gimmemygreen
01-07 12:14 AM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.
ultimo
08-08 08:12 AM
i134 you can file :)
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