rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
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siva143viji
03-24 10:10 PM
hi guys i need some help i send all my paper works lost friday. Is it true tht if tht paper work reaches them before 1st april they wont consider it. Do i have to send all the information again then. Please let me know it will be of great help
kisana
06-26 09:34 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
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Blog Feeds
03-08 07:40 AM
We are a few hours away from the biggest Awards ceremony in Hollywood and the world. So what part do Immigrants play in the biggest show on earth? Talent is the one universal passport, and Hollywood has always had a place for immigrants � from German maestro Fritz Lang, who headed west when Hitler's minister of propaganda pressured him to take over Germany's top studio, to Polish Roman Polanski, who directed Los Angeles' definitive film noir, "Chinatown," and Taiwan-born Ang Lee, who became the first nonwhite to win an Academy Award for directing for "Brokeback Mountain," his reinvention of the western.
As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.
Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."
So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.
For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.
Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!
More... (http://www.visalawyerblog.com/2010/03/hollywood_immigrants_oscars_20.html)
As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.
Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."
So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.
For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.
Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!
More... (http://www.visalawyerblog.com/2010/03/hollywood_immigrants_oscars_20.html)
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supers789
09-15 03:04 PM
In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --
eswaraprasad73
02-07 03:25 PM
Thanks for the information
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neeidd
08-05 12:14 PM
Hi Guys,
Based on other threads on this forum, I see a lot of I-485 approvals(EB2 I) at TSC for receipt numbers starting SRC# and whose PD is current . Just wondering if any one got I-485 approved whose application is a transferred from Vermont(EAC) to TSC?
Please shed some light on this!
Btw, my receipt date is 07/07 (EAC). PD current. Case transferred to TSC with a receipt date of 09/11.
Thanks
Based on other threads on this forum, I see a lot of I-485 approvals(EB2 I) at TSC for receipt numbers starting SRC# and whose PD is current . Just wondering if any one got I-485 approved whose application is a transferred from Vermont(EAC) to TSC?
Please shed some light on this!
Btw, my receipt date is 07/07 (EAC). PD current. Case transferred to TSC with a receipt date of 09/11.
Thanks
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badluck
08-02 11:22 AM
I dont think so..Fingerprinting is necessary
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prince_waiting
09-11 12:58 PM
Given the general apathy and hatred towards the term 'H1B' most anti immigrant groups after the rally are likely to come up with headlines/captions for their stories such as 'H1B Temporary workers rally in Washington' and so on. During the flower campaign I happened to come across such a headline on steireport.com, 'H1B workers in flowery protest' or something on similar lines. These anti immigrant groups deliberately downplay the term 'High Skilled Immigrants'.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
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WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
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acecupid
08-16 07:27 PM
Go to the indian consulate and get the correction done. They will do it in a single day if you show urgency.
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jbs
10-04 03:04 PM
thank you!
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wandmaker
06-03 09:46 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
You would be better off stamping your H4 in India, my 2 cents. Especially B1/B2 to any non-immigrant visas most of the time is a mess in my opinion.
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
You would be better off stamping your H4 in India, my 2 cents. Especially B1/B2 to any non-immigrant visas most of the time is a mess in my opinion.
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DDLMODES
07-08 08:33 AM
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
How did you get paid for it ?? It went to taxes through your social security # like a regular job ??
How did you get paid for it ?? It went to taxes through your social security # like a regular job ??
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squishy
05-10 03:55 PM
I like it :hugegrin:
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sri1234
01-30 11:50 AM
~bump~
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webm
05-22 10:14 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.
anyone been through this situation and has more details?
thanks
Oh ok,i think if you are outside US when your GC approved then AP is the only option..May be getting 551 stamp on PP is the option in this case..
anyone been through this situation and has more details?
thanks
Oh ok,i think if you are outside US when your GC approved then AP is the only option..May be getting 551 stamp on PP is the option in this case..
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fromnaija
11-16 01:09 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
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vinki
08-28 11:45 AM
hi !
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
pan123
12-29 05:53 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
tabletpc
04-02 12:19 PM
If you want immediate responses then your questions should be either on EAD/AP/485 or something to do with GC. For other queries members here take low priority..this is my observation..!!! But keep sharing knowledge ...!!!
Coming to your questions,
The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!
Good luck...
Coming to your questions,
The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!
Good luck...
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