supers789
08-20 08:26 PM
Fragomen applied for my PERM application last year. The rule is - either advertisement start date or end date should fall in "wage survey duration of 3 months". They didn't follow that. And my PERM got denied. Immediately they applied for my PERM. And it's stuck in Audit. And not to mention, even though it was their mistake, they took fees from employer for filing 2nd PERM.. saying DOL wasn's clear about this rule, and never rejected any application before for this reason.. So its not their mistake!!
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nrakkati
03-20 05:54 PM
I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
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svam77
07-19 02:19 PM
USCIS reps did not mention any specific group to me. But what I was told was that, everyone's information should be in the USCIS system by August 1st. So urs would be too.
The group was just my analogy.
The group was just my analogy.
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piyu7444
03-20 09:08 PM
[QUOTE=gapala;328433]The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
The above underlined text is not correct. When USCIS approve a new peition ( call it transfer if you would like to although....) they do not cancel the old unless the employer who owns that petition sends a request to USCIS to cancel it. :)
The above underlined text is not correct. When USCIS approve a new peition ( call it transfer if you would like to although....) they do not cancel the old unless the employer who owns that petition sends a request to USCIS to cancel it. :)
more...
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PD073102VA
03-19 11:42 AM
Here is what Attorney Mathew Oh thinks about provisions for STEM.
Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.
[Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]
It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).
[Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]
Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.
[Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]
The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.
Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.
[Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]
It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).
[Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]
Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.
[Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]
The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.
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girish.sh
06-14 09:11 PM
Hi Company A has file for H1B and it got stamped. I came to USA last week and did not join them as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they said they will terminate my visa and report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it. Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.
I would appreciate a detiled reply.
Thanks,
Girish
I would appreciate a detiled reply.
Thanks,
Girish
more...
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Karthikthiru
07-01 10:22 PM
Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/
Karthik
Karthik
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ianlock
09-17 04:49 PM
oh.... i see....thats how it works...
got it
thanks.
I just wonder how long it will be untill EB3 ROW is current. ???
got it
thanks.
I just wonder how long it will be untill EB3 ROW is current. ???
more...
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ajobha
09-21 03:54 PM
Hi Guyz,
First off, kudos to all the friends who attended the rally. I really appreciate the efforts and thank all of them.
I just thought of starting this thread for people who did not attend. Please explain in one or two sentences why you did not attend. Whether it was a personal reason, whether u were scared, didn't care, forgot, didn't know! etc.
My reason:
I really wanted a green card, but because India is growing so fast, I really don't think I want it so badly anymore. So, I did not have the motivation to go ...
First off, kudos to all the friends who attended the rally. I really appreciate the efforts and thank all of them.
I just thought of starting this thread for people who did not attend. Please explain in one or two sentences why you did not attend. Whether it was a personal reason, whether u were scared, didn't care, forgot, didn't know! etc.
My reason:
I really wanted a green card, but because India is growing so fast, I really don't think I want it so badly anymore. So, I did not have the motivation to go ...
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kumar1
03-13 04:24 PM
Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.
BharatPremi -- On what basis are you saying that? There are 1000s and 1000s of L1 VISA holder from India....there are at least 30,000 H1-B that come from India every year, most of them file under EB-3 category and then have wives and kids and they consume visa number.
I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3
BharatPremi -- On what basis are you saying that? There are 1000s and 1000s of L1 VISA holder from India....there are at least 30,000 H1-B that come from India every year, most of them file under EB-3 category and then have wives and kids and they consume visa number.
I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3
more...
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hankles
02-29 03:01 PM
I sent one letter each to IV and the President a few days back.
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gc_chahiye
10-05 10:03 PM
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
you need to hope and pray no query for EVL comes until 180 days past your filing of 485. After that if you get a query you can show company Bs letter. the job in B needs to be in the same or similar position.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
you need to hope and pray no query for EVL comes until 180 days past your filing of 485. After that if you get a query you can show company Bs letter. the job in B needs to be in the same or similar position.
more...
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mkelekar
07-19 11:30 PM
If I file my wife's 485 separately, lawyer is doing mine and is not willing to include both together. My 140 is approved.
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
can i just send my 140 approval notice with my wife's 485 and would that be enough? pl. help
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bluekayal
07-27 10:55 AM
I had an august 2004 labor that USCIS erroneously predatd on my 2006 August I-140. A couple of years ago when 2004 Aug was current, I followed up and was then told that I should never have been given the 2004 date as no I-140 was filed for it..and told, So, sorry about it...but please keep waiting for the priority date.
a USCIS mistake that they corrected after 2 years ....lots of frustration for me....
a USCIS mistake that they corrected after 2 years ....lots of frustration for me....
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willwin
03-14 11:23 AM
Thanks BharatPremi!
Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:
1. Not MANY cases left with PD before 2003
2. 2003 and 2005 most cases moved over to EB2
3. In July 2007, PD moved over to June 2003
What about cases in 2004? not many?
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
Labor black Market flourished mainly in NY, CA and TX.
We saw a new animal "Virtual Office". Lot of ethically and
morally(Now even legally) illegitimate transfers occured
from EB3 to earl PD based EB2.
Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
May PERM was gonna to be released, people
fanatically started preparations to switch over to EB2
using PERM. So maximum fence hopping done in this
period and continued till 2006 mid.
Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.
So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I
Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.
Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:
1. Not MANY cases left with PD before 2003
2. 2003 and 2005 most cases moved over to EB2
3. In July 2007, PD moved over to June 2003
What about cases in 2004? not many?
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
Labor black Market flourished mainly in NY, CA and TX.
We saw a new animal "Virtual Office". Lot of ethically and
morally(Now even legally) illegitimate transfers occured
from EB3 to earl PD based EB2.
Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
May PERM was gonna to be released, people
fanatically started preparations to switch over to EB2
using PERM. So maximum fence hopping done in this
period and continued till 2006 mid.
Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.
So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I
Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.
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ram04
12-19 08:47 PM
I was on H1 with new company, so I never stopped working.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
more...
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AK_GC
06-27 12:37 AM
Got my approval but my spouse hasn't yet received one.
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?
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sixpockets
06-13 09:58 PM
My attorney never received original approved LCA and they applied regular I-140 with request for duplicate labor in March 07.
With the flood gates opened now for July, CAN I apply for 485?
With the flood gates opened now for July, CAN I apply for 485?
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chanduv23
10-04 04:13 PM
Also in Detroit India
http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341
Flyers are ready - we can post flyers
http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341
Flyers are ready - we can post flyers
chanduv23
10-04 04:13 PM
Also in Detroit India
http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341
Flyers are ready - we can post flyers
http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341
Flyers are ready - we can post flyers
singhsa3
07-18 03:14 PM
Oh Boy!, I feel like hugging you (Jadu ki zappi). By the way my story is very similar to you
Came to USA in 1999 to do MBA from a top US school. Joined a multinational org in 2001, filled my labor in 2002, got laid off in 2005, Filled my another labor in 2005.
But look , I am cool!:)
Frist, sorry for the confusion. I do have a 05/2007 PD at Atlanta PERM center. I came to the country in 1999 for grad school, started working with OPT in 2001, converted to H1 in 2002, laid off in 2002, started working again in 2002 with a new employer, filed labor in 2004 and got stuck in BEC ever since. The employer refused to file PERM, so I had change to a new company in 2006, and had PERM filed in 2007 and got stuck there again. Your are right, I am technically not in BEC, but psychologically I always feel I am in there.
I did not know what was 'disruptive' and 'inappropriate' about what I said. This is a board for BEC victims, so BEC victims are not allowed to express our frustration? I just expressed my depress and my concerns over how much this will retrogress the PD without targeting anyone. When tons of people run in front of our queue and shut us out in cold, we are supposed to 'enjoy the moment' with them? If so, when USCIS said no one can file 485 on July 2nd, why none of the people enjoy the happiness with those who already filed, because that will make their processing time much faster. People said we should feel happy for those who can file, because they now can get EAD/AP for their spouses, as if our spouse do not need EAD/AP. And as a result of this total mess, I don't think we'll have hope in another several years to see the date current.
IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.
btw my original ID is still being banned
Came to USA in 1999 to do MBA from a top US school. Joined a multinational org in 2001, filled my labor in 2002, got laid off in 2005, Filled my another labor in 2005.
But look , I am cool!:)
Frist, sorry for the confusion. I do have a 05/2007 PD at Atlanta PERM center. I came to the country in 1999 for grad school, started working with OPT in 2001, converted to H1 in 2002, laid off in 2002, started working again in 2002 with a new employer, filed labor in 2004 and got stuck in BEC ever since. The employer refused to file PERM, so I had change to a new company in 2006, and had PERM filed in 2007 and got stuck there again. Your are right, I am technically not in BEC, but psychologically I always feel I am in there.
I did not know what was 'disruptive' and 'inappropriate' about what I said. This is a board for BEC victims, so BEC victims are not allowed to express our frustration? I just expressed my depress and my concerns over how much this will retrogress the PD without targeting anyone. When tons of people run in front of our queue and shut us out in cold, we are supposed to 'enjoy the moment' with them? If so, when USCIS said no one can file 485 on July 2nd, why none of the people enjoy the happiness with those who already filed, because that will make their processing time much faster. People said we should feel happy for those who can file, because they now can get EAD/AP for their spouses, as if our spouse do not need EAD/AP. And as a result of this total mess, I don't think we'll have hope in another several years to see the date current.
IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.
btw my original ID is still being banned
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