naushit
08-07 01:40 PM
Can multiple people together file mandamus?
how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.
how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.
just my 2 cents....
how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.
how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.
just my 2 cents....
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f1togc
12-18 04:59 PM
mna,
first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.
Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?
Thanks
first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.
Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?
Thanks
B+ve
08-13 04:08 PM
Gurus,
My and spouse case have
Priority Date - March 2004,
Received Date - July 2nd, 2007
Notice Date - Aug. 08, 2007
My Kid's case has
Priority Date - March 2004,
Received Date - July 2nd, 2007
Notice Date - Nov. 20, 2007 (As 08/23/2007 is the current processing time frame, my kid's Notice Date is out of current time frame)
This is happened due to a rejection of my kid's 485 application initially during July 2007 fiasco due to the Old and New fee schedule implementaion of USCIS, even though we have remitted the correct fee.
1) Do anybody know how USCIS will process our case?
Like adjudicating my and spouse applications with out kid's applicaiton? Or none of the applications process?
2) Taking an info pass appointment will do any favour on this case?
3) Any other suggestions?
Thanks.
My and spouse case have
Priority Date - March 2004,
Received Date - July 2nd, 2007
Notice Date - Aug. 08, 2007
My Kid's case has
Priority Date - March 2004,
Received Date - July 2nd, 2007
Notice Date - Nov. 20, 2007 (As 08/23/2007 is the current processing time frame, my kid's Notice Date is out of current time frame)
This is happened due to a rejection of my kid's 485 application initially during July 2007 fiasco due to the Old and New fee schedule implementaion of USCIS, even though we have remitted the correct fee.
1) Do anybody know how USCIS will process our case?
Like adjudicating my and spouse applications with out kid's applicaiton? Or none of the applications process?
2) Taking an info pass appointment will do any favour on this case?
3) Any other suggestions?
Thanks.
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PD_Dec2002
07-02 03:59 PM
My situation is tricky here. I would really appreciate any inputs.
My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:
Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.
Please guide me through the process and any scenarios. Thank you in advance.
It was intially hard to predict when USCIS would resume PP for I-140. But now that they have stopped taking in 485 applications, they should be in a position to estimate their work load and provide guidance soon.
Thanks,
Jayant
My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:
Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.
Please guide me through the process and any scenarios. Thank you in advance.
It was intially hard to predict when USCIS would resume PP for I-140. But now that they have stopped taking in 485 applications, they should be in a position to estimate their work load and provide guidance soon.
Thanks,
Jayant
more...
gc_chahiye
09-27 05:02 PM
Hi,
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks
Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.
If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks
Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.
If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)
smarth
05-04 12:45 PM
Hi,
I am working in company 'A' on H1B, Green card is processing from company 'B' as future employee. Got EAD.
The job is getting over from Company 'A'.
Can I use my EAD and can stay in US with out working to any company?
Will there be any issues if TAX is not paid when I am not working.
If i work part time then on do I need to work for company 'B' only?
Thanks
I am working in company 'A' on H1B, Green card is processing from company 'B' as future employee. Got EAD.
The job is getting over from Company 'A'.
Can I use my EAD and can stay in US with out working to any company?
Will there be any issues if TAX is not paid when I am not working.
If i work part time then on do I need to work for company 'B' only?
Thanks
more...
go_guy123
08-10 08:30 AM
My LCA for H1B extn for 6 years is approved on July 15. But still my company lawyer is not ready to file the extn. He keeps on saying that I didn't get the approval notice from DOL, It's certified online only, So without physical approval document, I cannot proceed.
Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?
I also checked the online status in iCert (he gave me the case No), the status says certified.
So in this How long DOL took to send the physical copy of LCA?
Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...
Your replies are much appreciated ....
H1B, Perm/I140 are all employer driven. You are a mere spectator in this whole process.
Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?
I also checked the online status in iCert (he gave me the case No), the status says certified.
So in this How long DOL took to send the physical copy of LCA?
Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...
Your replies are much appreciated ....
H1B, Perm/I140 are all employer driven. You are a mere spectator in this whole process.
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kpraveenn
01-28 01:57 PM
Lakshmi, Thank you for providing the link.
more...
kadarm
01-03 08:47 AM
My I-140 is still pending. Receipt date Jan 16th 2007. Requested a SR.
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brad_sk2
10-24 01:49 PM
Democrats are usually pro illegal immigrants since they would be getting more votes by legalizing illegals. Republicans are more pro business and hece are usually more open to legal immigrants but even they seem to be taken over by anti-immigrant hard core conservatives these days.
Of course nut jobs like Tom Tancredo (R- CO) will do more harm by projecting legal immigrants as American job exploiters along with racist organizations such as NumbersUSA.
Of course nut jobs like Tom Tancredo (R- CO) will do more harm by projecting legal immigrants as American job exploiters along with racist organizations such as NumbersUSA.
more...
zico123
06-21 06:54 PM
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
Even if A didnt cancel H1 the comp A will have to apply for transfer.
Company A has not cancelled my H1 and I am in good terms with them.
Even if A didnt cancel H1 the comp A will have to apply for transfer.
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kriskris
10-25 02:23 PM
Thanks this is very helpful...How do you find the neareset USCIS office..
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
Use the above link to find the nearest ASC.
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
Use the above link to find the nearest ASC.
more...
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andy garcia
08-14 07:20 AM
I did my masters in US and have got my H1 B status which expires next year. Had a few question. Just to add to my situation i have not got my H1 stamping done on my passport.
Q1. Can i apply for an extesion without a visa stamp.
A. Yes, you can. You only need stamp if you leave the US.]
Q2. How early can i apply for an extenstion.
A. Within 6 months from the first date of the H1 period.
Thank you in advance for your help.
andy
Q1. Can i apply for an extesion without a visa stamp.
A. Yes, you can. You only need stamp if you leave the US.]
Q2. How early can i apply for an extenstion.
A. Within 6 months from the first date of the H1 period.
Thank you in advance for your help.
andy
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GC_Q
04-18 10:43 AM
Hello Gurus,
I have got my wife passport stamped(H4) until Oct'09 based on my previous H1. I have changed company and got new I-797 for both of us valid till Apr'2010. During her recent visit to India and return to USA, at the port of entry she was issued I-94 till Oct'2009 eventhough her I-797 form my new employer is valid till Feb'2010.
I don't want to ask my wife to cross the broder (@Mexico or @Canada) for the sake of renewing her I-94. I am wondering if I can apply with USCIS for her extension of I-94 till April'2010 for which she has I-797 to support it.
Thanks
I have got my wife passport stamped(H4) until Oct'09 based on my previous H1. I have changed company and got new I-797 for both of us valid till Apr'2010. During her recent visit to India and return to USA, at the port of entry she was issued I-94 till Oct'2009 eventhough her I-797 form my new employer is valid till Feb'2010.
I don't want to ask my wife to cross the broder (@Mexico or @Canada) for the sake of renewing her I-94. I am wondering if I can apply with USCIS for her extension of I-94 till April'2010 for which she has I-797 to support it.
Thanks
more...
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spicy_guy
09-29 07:53 PM
rubbing salt on wounds....good job. People are waiting from 2002 for Green Card and you're asking naturalization issues.
LOL! Its really painful. I understand.
But he is trying to find a solution to his problem. That's it! :D
LOL! Its really painful. I understand.
But he is trying to find a solution to his problem. That's it! :D
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dilbert_cal
01-04 05:22 AM
BeautifulMind,
Since all of this has already happened, harping on what could had been done is useless. From my limited knowledge of immigration, I think you have no choice but to file another PERM and forget about your earlier case.
Since all of this has already happened, harping on what could had been done is useless. From my limited knowledge of immigration, I think you have no choice but to file another PERM and forget about your earlier case.
more...
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arian2002
10-02 10:29 AM
What is your Lawyer's reply to the mess he created?
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GC_SUCK
10-25 11:02 AM
http://today.reuters.co.uk/news/articlenews.aspx?type=worldNews&storyID=2006-10-25T105737Z_01_L25252495_RTRUKOC_0_UK-IRELAND-USA-IMMIGRATION.xml&WTmodLoc=HP-C3-World-4
DUBLIN (Reuters) - Thousands of Irish citizens living unlawfully in the United States could be legalised in return for more work permits for U.S. citizens lured to Ireland by its thriving economy, an Irish minister said on Wednesday.
"There is clear evidence to support the establishment of some form of bilateral agreement between the U.S. and Irish governments," Labour Minister Tony Killeen said in a statement after he returned from a trip to New York.
Killeen said that, while 30,000 to 40,000 illegal Irish immigrants were living in the United States, two centuries of mass emigration to the United States from Ireland because of famine and unemployment was clearly now at an end.
Ireland's Trade and Employment Ministry said more than 4,300 Americans immigrated to Ireland in search of employment in 2005, compared with 1,700 Irish people moving to the United States, where more than 10 percent of the population claims Irish descent.
Killeen said a jobs fair in New York showed how appealing Ireland had become in the wake of the "Celtic Tiger" boom.
"The interest expressed by Americans to come and work in Ireland was so great that a queue more than two-and-a-half blocks long formed outside the exhibition venue," he said.
"In less than 15 years, Ireland has gone from being the sick man of Europe to one of the most dynamic economies in the developed world."
Killeen told Reuters in New York last week that Ireland would also try to lure Irish and U.S. citizens back to Ireland where the population is now back above 4 million, having slumped to a 120-year low of 2.8 million in the 1960s.
DUBLIN (Reuters) - Thousands of Irish citizens living unlawfully in the United States could be legalised in return for more work permits for U.S. citizens lured to Ireland by its thriving economy, an Irish minister said on Wednesday.
"There is clear evidence to support the establishment of some form of bilateral agreement between the U.S. and Irish governments," Labour Minister Tony Killeen said in a statement after he returned from a trip to New York.
Killeen said that, while 30,000 to 40,000 illegal Irish immigrants were living in the United States, two centuries of mass emigration to the United States from Ireland because of famine and unemployment was clearly now at an end.
Ireland's Trade and Employment Ministry said more than 4,300 Americans immigrated to Ireland in search of employment in 2005, compared with 1,700 Irish people moving to the United States, where more than 10 percent of the population claims Irish descent.
Killeen said a jobs fair in New York showed how appealing Ireland had become in the wake of the "Celtic Tiger" boom.
"The interest expressed by Americans to come and work in Ireland was so great that a queue more than two-and-a-half blocks long formed outside the exhibition venue," he said.
"In less than 15 years, Ireland has gone from being the sick man of Europe to one of the most dynamic economies in the developed world."
Killeen told Reuters in New York last week that Ireland would also try to lure Irish and U.S. citizens back to Ireland where the population is now back above 4 million, having slumped to a 120-year low of 2.8 million in the 1960s.
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Blog Feeds
08-07 09:40 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
billu
09-26 07:43 PM
thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful
chanduv23
09-17 10:14 AM
IV wants you to help yourself and coming to the rally
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