dilbert_cal
03-29 11:19 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
wallpaper then ackground color will
pcbadgujar
09-23 11:18 PM
Thanks a lot guys for the response.
whitecollarslave
03-31 02:41 PM
I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?
2011 DOCTYPE HTML PUBLIC
hopefulgc
12-05 09:54 PM
sorry that job is taken.... a monkey does it already.. what are u gonna replace him?
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
more...
RenaissanceGirl
10-21 02:52 PM
Oh, we have a Giants fan here eh? Boo! :P
I'm just kidding - I really don't care who wins either way - but I do live in Anaheim, so I'm forced to hear about the Angels this and the Angels that from everyone.
I'm just kidding - I really don't care who wins either way - but I do live in Anaheim, so I'm forced to hear about the Angels this and the Angels that from everyone.
Ann Ruben
06-30 11:44 PM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
more...
anilsal
11-27 06:17 PM
some legislation that will get GCs quickly for everyone. All July filers should be able to get their GCs in the next 6-15m.
Now that is wishful thinking. ;)
What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.
Now that is wishful thinking. ;)
What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.
2010 ackground color and
zCool
02-20 09:03 PM
Just wait it out till you get I140 approved.
What is the hurry?
What would happen in another 6-12 months?
In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?
Why do you want to do it? JUST WAIT IT OUT!
What is the hurry?
What would happen in another 6-12 months?
In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?
Why do you want to do it? JUST WAIT IT OUT!
more...
rck4evr
09-18 10:57 AM
My Adavance parole is also lost. It was approved on August 18th and I still havent recieved it. I called the USCIS and they said I have to reapply. Did the SR work for anyone ?
hair ackground color on lt;markgt;
kshitijnt
04-17 03:17 PM
i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
I believe more in IV gurus....
Oh fiancee and finance so damn confusing...I wish i could get some finance...lol
Hi there-
I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com
more...
kirupa
05-21 08:32 PM
Hi Marina - can you zip up and attach your project? :)
Thanks,
Kirupa
Thanks,
Kirupa
hot use ackground color.
nashorn
12-18 01:43 PM
You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.
more...
house How to check HTML color code
pmamp
02-22 11:23 AM
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
tattoo body{ ackground-color:#fff2f2
getgc2008
02-29 04:08 PM
My I140 is approved, 180 days complete and looking to change jobs in May/June.
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
more...
pictures How To Change Background Color
addsf345
01-13 04:01 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
dresses Tags: pastel color background,
gcpain
05-19 01:31 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
more...
makeup Here is the current HTML with
angelfire76
04-01 03:29 PM
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
I wonder which attorney sent this.
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
I wonder which attorney sent this.
girlfriend html background
mirage
07-05 12:40 PM
It is even better. Atleast we'll get the media attn..
hairstyles Tags: pastel color background,
chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
hk196712
07-16 12:51 PM
I saw a thread somewhere that instructs how to call IO. This is my first call to any Immigration Office.
I had replied to RFE two weeks back and did not get any updates online.
That is why I called.
The officer told me my application is with the officer. I have no idea what that means. He asked me my receipt number and I gave him the WAC#.
Let me know if you have questions.
Thanks
I had replied to RFE two weeks back and did not get any updates online.
That is why I called.
The officer told me my application is with the officer. I have no idea what that means. He asked me my receipt number and I gave him the WAC#.
Let me know if you have questions.
Thanks
eb3India
07-05 12:35 PM
I agree with you 100% but be sure nothing is going to change three months will in a blink of time and dates will be current or will advance for good number of years. so IV memeberw will get busy filing again and forget IV, look at fund driving effort and see how low it has been
