glus
03-19 11:29 AM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
immigrant-in-law
04-20 10:04 AM
COngratulations!
Also, can you please tell me for what period has your H1 been extended. Is it for 3 years or for the duration of your current assignment?
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
Also, can you please tell me for what period has your H1 been extended. Is it for 3 years or for the duration of your current assignment?
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
tabletpc
11-29 04:45 PM
Thanks everyone..i will send it 2m with bank draft in C$.
its better to have plan B...
its better to have plan B...
a_yaja
04-27 11:47 AM
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
more...
YesGC_NoGC
06-20 09:42 AM
Thanks man,
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
dngoyal
07-27 02:32 PM
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
Is it OK.
Please confirm.
Thanks for the earlier reply.
more...
InTheMoment
12-04 05:04 PM
NYCGal,
I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.
My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.
Time taken by BEC to correct the error in your case would help me a lot.
thanks:)
I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.
My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.
Time taken by BEC to correct the error in your case would help me a lot.
thanks:)
zerozerozeven
04-10 03:36 PM
http://www.aila.org/content/default.aspx?docid=25173
more...
neverbefore
08-07 03:19 AM
hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
The people exhorting you to resolve your differences with your spouse are the ones who are helping you the most. Please help yourself by heeding them. :)
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
The people exhorting you to resolve your differences with your spouse are the ones who are helping you the most. Please help yourself by heeding them. :)
pappu
11-21 06:49 AM
Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
more...
fromnaija
10-30 02:05 PM
Basically you are correct but if you are a little paranoid about your status you may take gc_chahiye's advice as expressed above. The choice is yours.
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
lrindy
09-27 08:33 AM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
Don't worry about it. When you go to FP appointment point this out to IO. You are correct "usually" 099 for primary & 088 for dependents. The "A" number is assigned at I-140 approval; that is "usually" the number you have on your receipts & GC when issued.("A" number is Alien Registration number and NOT the actual visa. The "A" number will be assigned to a visa once you get approved for GC.) There have been a few people on various threads have this happen to them. Just let the IO at FP know and they will help you OR speak to your lawyer about it. Note: Some applicants actually end up with a different "A" number on GC approval all together. So don't sweat it!
Cheers,
LRIndy. I am not a lawyer always consult one before making a decision.
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
Don't worry about it. When you go to FP appointment point this out to IO. You are correct "usually" 099 for primary & 088 for dependents. The "A" number is assigned at I-140 approval; that is "usually" the number you have on your receipts & GC when issued.("A" number is Alien Registration number and NOT the actual visa. The "A" number will be assigned to a visa once you get approved for GC.) There have been a few people on various threads have this happen to them. Just let the IO at FP know and they will help you OR speak to your lawyer about it. Note: Some applicants actually end up with a different "A" number on GC approval all together. So don't sweat it!
Cheers,
LRIndy. I am not a lawyer always consult one before making a decision.
more...
sk2006
06-12 12:17 PM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
I think your company have to let you go and hire the avaiable US citizen.
You shall have to find another job.
This is always the risk when PERM is filed.
When mine was filed, I kept my fingures crossed. My manager used to call and interview applicants every day. I was lucky that not many people with required skill sets applied.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
I think your company have to let you go and hire the avaiable US citizen.
You shall have to find another job.
This is always the risk when PERM is filed.
When mine was filed, I kept my fingures crossed. My manager used to call and interview applicants every day. I was lucky that not many people with required skill sets applied.
wandmaker
07-12 08:46 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
You do not have to reapply, please call USCIS and let them know of this issue. CSR will tell you how to proceed further
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
You do not have to reapply, please call USCIS and let them know of this issue. CSR will tell you how to proceed further
more...
Sath thesmilingstar
02-24 02:29 PM
If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.
well,i dont know what is AP can you please tell me what it is..??
well,i dont know what is AP can you please tell me what it is..??
Beta_mle
02-20 12:58 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
more...
chris
02-05 09:02 PM
One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)
Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p
Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p
Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
prem_goel
01-13 06:59 PM
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)
i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.
And please guide me on things to keep in mind while going for stamping.
Thanks.
Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)
i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.
JazzByTheBay
07-11 10:03 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
daishwarya
07-23 02:45 PM
@linuxra: I am still waiting for my GC with Aug04 PD on EB2. I didn't get any RFE.
bluez25
10-28 07:26 PM
http://immigrationvoice.org/forum/showthread.php?t=21572&highlight=leaving
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
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