senthil1
01-12 01:13 PM
You cannot use your Priority date if it is denied.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
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BarneySha
07-18 08:42 AM
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Rav!
10-02 02:25 PM
Hello all,
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
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vvpandya
05-18 05:51 PM
Bender's Immigration Bulletin (http://bibdaily.com/)
more...
wandmaker
11-22 12:28 PM
She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
abhijitp
07-25 01:54 PM
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
more...
Leo07
10-21 04:51 PM
People are just wary about anti-immigrants lurking.
Best of Luck!
Best of Luck!
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sathyaraj
10-26 03:36 PM
I got my AP approved. We were not asked for any such proof.
more...
still_waiting
06-03 09:20 AM
good job !
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saibaba
12-18 02:39 PM
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
more...
sayonara
09-11 01:33 PM
My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...
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gcpadmavyuh
10-07 11:08 PM
Hi Parimmigv:
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
more...
house Bonds is charged with lying
paddy.
02-04 05:38 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
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Refugee_New
08-04 11:45 AM
There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p
Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...
Thanks for your suggestion. I'll participate next time.
Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...
Thanks for your suggestion. I'll participate next time.
more...
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chics
06-04 12:37 AM
Hi,
My I-485 priority dat is current ( EB3 - INDAI, priority date mid July 2002 ). I have filed I-485 in JUly 2003. I called customer service for status enquiry on 5/15/2007, today i got letter in that they mensioned that "Your application is under additional review" due to this processing is getting delayed. If you don't receive response in 180 days, call customer service.
Do any one got this kind of reply?
Previously i called customer service for status enquiry in Nov 2006 and got email that "Your application is awaiting for officer review", Service waiting for visa availability.After this message, why i got the new message like above.
My I-485 priority dat is current ( EB3 - INDAI, priority date mid July 2002 ). I have filed I-485 in JUly 2003. I called customer service for status enquiry on 5/15/2007, today i got letter in that they mensioned that "Your application is under additional review" due to this processing is getting delayed. If you don't receive response in 180 days, call customer service.
Do any one got this kind of reply?
Previously i called customer service for status enquiry in Nov 2006 and got email that "Your application is awaiting for officer review", Service waiting for visa availability.After this message, why i got the new message like above.
dresses Just like Barry Bonds#39; homerun
ameryki
01-02 09:53 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
more...
makeup Bonds, who has adamantly
suren
10-08 10:04 AM
My wifes H1b also expired and she is dependent on I 485. She has valid EAD. wht is the present status of her. Is she able to apply for H1b or not.
Please let me know.
Thanks for your help
Please let me know.
Thanks for your help
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yabadaba
07-23 07:10 AM
akshayadalti -> person who voted yes...please provide more details
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smartboy75
11-05 01:35 PM
hey gcseeked2002...
There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....
There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....
prabasiodia
08-13 07:46 PM
This is the link to USCIS - FBI joint initiative where they plan to clear all the backlog by June 2009 to acceptable limits: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
harivenkat
05-05 01:29 PM
I'm currently on h1b, with PERM approved and I-140 filing in progress.
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.
If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.
If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?
