Rajeev
07-02 10:05 AM
You need to turn in all your I-94 cards, e.g. I-94 below the H1B approval notice, change of status. When you re enter the new I-94 card will have a new number so old ones if you kept would become useless. I would highly recommend that make copies of all your I-94 cards at I-485 they can ask you provide old I-94 cards Have seen cases where this has happened.
Thanks a lot for your reply.
Thanks a lot for your reply.
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
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smuggymba
10-08 01:10 PM
If u transfer within 30 days of getting ur new H1, u probably don't need paystubs. You can initiate the trasfer (premium) and wait for the approval and then quit from the current company. That way u'll be safe.
more...
tabletpc
03-27 03:54 PM
No stages ..only worries and surprises...!!!!
kirupa
02-17 02:57 AM
Hey psychman,
You need to assign your rotatetransform to your object's transformgroup. It's a bit convulted and I wish it were easier, but here is how you can accomplish this for an element called blueSquare:
private int currentAngle = 0;
private void RotateSquare(object sender, RoutedEventArgs e)
{
RotateTransform rotateTransform = new RotateTransform();
currentAngle += 45;
rotateTransform.Angle = currentAngle;
TransformGroup transformGroup = new TransformGroup();
transformGroup.Children.Add(rotateTransform);
blueSquare.RenderTransform = transformGroup;
}
:)
You need to assign your rotatetransform to your object's transformgroup. It's a bit convulted and I wish it were easier, but here is how you can accomplish this for an element called blueSquare:
private int currentAngle = 0;
private void RotateSquare(object sender, RoutedEventArgs e)
{
RotateTransform rotateTransform = new RotateTransform();
currentAngle += 45;
rotateTransform.Angle = currentAngle;
TransformGroup transformGroup = new TransformGroup();
transformGroup.Children.Add(rotateTransform);
blueSquare.RenderTransform = transformGroup;
}
:)
more...
H1B-GC
05-28 05:06 PM
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
Thanks for your advise! I will check at the local unemployement office !
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
Thanks for your advise! I will check at the local unemployement office !
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indigo10
02-22 11:45 AM
because the baby starts asking questions at 2 years and 3 months ??
lol
lol
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senthil1
02-18 09:59 AM
Basically it will be approved as master degree if you have 4 year Bachlore degree and 2 Year Master degree. Any others are risk of approval. Also the job requirement should need Master degree with higher pay(compared to Eb3). I heard some Indians who had MSC was approved in EB2 but I heard lot people got rejected because they it is 3 +2 years term.
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
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stldude
07-18 01:33 PM
Folks - I have been hearing mixed comment on Interim EAD.. Is it still permitted. I heard that they have stopped issuing interim EAD's... If it is still permitted how do we go about obtaining an interim EAD.
more...
neeidd
11-12 06:51 PM
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
Thanks for your reply, Pappu
Thanks for your reply, Pappu
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Blog Feeds
07-15 03:01 PM
A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
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royalchallenge
11-17 04:23 PM
Just got fired from my company.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
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hebbar77
03-15 08:51 PM
It could be discussed many times here. but I dont know the answer! Please help!
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MrWaitingGC
09-08 07:26 PM
As long as visa is stamped she can enter us on the last date of expiry of visa.
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
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GiveMeReds
11-20 04:36 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
more...
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davesmith
01-29 10:19 AM
Thanks for reply. But I am getting confused with GC Category. I have posted this question in new thread.
Thanks a lot for reply.
Thanks a lot for reply.
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coopheal
04-18 05:49 PM
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.
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ivuser9
10-01 03:37 PM
is it .com ?
bose
07-11 05:11 PM
It happened to us. We applied in Oct'06. Received the H4 approval notice in Jan'07. Only then I started tracking H1. My attorney called USCIS in Feb, they told him, we approved H1 (H4 will not be approved until H1 is..), but forgot to mail H1 approval. They never updated their system to reflect it. They also told him that they sent my approval notice to central storage facility, and have to order it to come back, only then it can be sent. Just 2 days back I got my approval confirmation email. Still waiting for the paper. Good luck with your case.
leoindiano
11-08 09:19 PM
Congratulations,
I had sent a letter yesterday to following address...
Secretary Janet Napolitano
Department of Homeland Security
US Department of Homeland Security
Washington DC 20528
Is that the correct address??
I had sent a letter yesterday to following address...
Secretary Janet Napolitano
Department of Homeland Security
US Department of Homeland Security
Washington DC 20528
Is that the correct address??
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