saileshdude
09-04 11:37 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
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ItIsNotFunny
12-03 05:41 PM
I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.
I would like to see lawyer's opinion on this.
I would like to see lawyer's opinion on this.
rockstart
06-16 12:46 PM
I dont think USCIS will again match your education with labor now at 485 stage in normal circumstances unless there is some fraud. 485 is more about your name check and fingerprint check along with if you were ever out of status. The only thing they can ask again is a new employment offer letter.
2011 Access Hollywood Live: Matt
mishras
05-14 09:13 AM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
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BMS1
08-21 06:37 PM
are you in EB2?
Yes I am.
Yes I am.
kutra
07-21 04:04 PM
Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
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![matthew bomer simon halls. Matt Bomer [Actor] - Page 2](http://i38.tinypic.com/2yv0ug2.jpg "Matt Bomer [Actor] - Page 2")
TomTancredo
03-16 04:33 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
2010 Matt Bomer White Collar, USA
vinnysuru
04-01 10:10 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.
Would you mind sharing specifics of your case?
1. What was your exact PD (Day?)
2. Which service center did you file with?
3. What day did you file in July? Are you in any special category with EB2 like NIW?
4. What is your country of chargeability? Are you cross chargeable to any other country?
Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.
I am Happy for you! Gives all of us hope.
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.
Would you mind sharing specifics of your case?
1. What was your exact PD (Day?)
2. Which service center did you file with?
3. What day did you file in July? Are you in any special category with EB2 like NIW?
4. What is your country of chargeability? Are you cross chargeable to any other country?
Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.
I am Happy for you! Gives all of us hope.
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lazycis
12-25 09:12 PM
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
hair Matt bomer
cox
October 22nd, 2005, 05:24 PM
Not my usual thing, this is a first attempt at studio shooting. A friend is starting a preseved flower business and needs some photos to get started. My backdrops consisted of some fabric purchased at the local store, my dining table, and a PVC frame and welding clips to hold them up. :) Any comments/critique welcome.
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
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roseball
08-07 10:37 AM
1> Marriage certificate.
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
hot Matt Bomer - Matt Bomer Photo
wandmaker
04-04 01:34 PM
I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....
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house Shirtless Matt Bomer Wants You
viper673
06-08 04:27 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
tattoo 右边是他的那位Simon Halls
CADude
11-08 01:05 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
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pictures Matt Bomer [Actor] - Page 2
a1b2c3
07-24 11:13 PM
wtf!
dresses Tim+dekay+matt+omer
gsc999
04-19 03:59 PM
[QUOTE=boldm28]Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years[/QUOTE
---
baldm28: :p
Cz Raju pays taxes in US.
you wont get any reply not in 100 years[/QUOTE
---
baldm28: :p
Cz Raju pays taxes in US.
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makeup Matt Bomer - In And Out And In
vinvin24
08-27 11:34 AM
I am in Miramar, FL. Do you meet regularly in SF?
girlfriend Aww, Matt Bomer and (I think)
pointlesswait
07-30 09:08 AM
what i meant was...as individuals we can have views different from IV..;-)
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
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go_gc_way
06-01 03:55 PM
We have discussed this issue earlier on this forum.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
53885
05-12 03:35 AM
Sent 300 emails from AILA's website.
dingudi
06-08 07:59 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.
So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.
So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.
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