harlyharly
06-25 06:12 PM
Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
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vvvunlucky
04-21 06:05 PM
I got mine approved on April 7th with a notice date of April 7th (SAME DAY). The receipt date is March 31st. This is my 10th year (3 year) extension from September 2009 to Sept 2012. The current one will expire in Sept 2009. Working with a direct client from the last 8 years.
Hope this helps.
Hope this helps.
nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
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virtual55
03-27 03:16 PM
Good Job! Next time we find out something like this, I would recommend sending an email about the information we found and request them to publish officially on their websites like immigration.com,immigration-law.com,http://bibdaily.com/index.cgi etc.
more...
rajenk
10-20 12:08 AM
AllIzzWell, as the_jaguar has suggested FOIA is the only way. And yes that helps, some times FOIA requests might take longer, so request it ASAP to get it quicker
bharol
06-16 12:59 PM
Ouch, that hurt.
We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.
Thanks for the advice.
Come on.
Do not expect attorney to tell you to renew your passport.
Dumb -- Dumber -- Dumbest!
We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.
Thanks for the advice.
Come on.
Do not expect attorney to tell you to renew your passport.
Dumb -- Dumber -- Dumbest!
more...
abd
08-24 11:28 AM
Name: ABD
City/State: NJ
Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.
Thanks in advance.
City/State: NJ
Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.
Thanks in advance.
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nozerd
03-26 02:30 PM
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
50K in MS = 60K in TX = 80 K in CA = 90K NYC
more...
leena_k
01-31 07:04 PM
Thanks for the link:)
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bhaskar_s
01-28 08:57 AM
Hi Viva,
My friend "snowcatcher" took your challenge and is going to enroll in the recurring contribution of $27 per month.
-------------------------------------------------------------------
Already signed up for $20 monthly through my credit card.
Contributed $100 earlier.
Pls contribute guys...We need to motivate others to contribute as well..
Arise, Awake! And stop not until the goal is reached! -Swami Vivekananda.
My friend "snowcatcher" took your challenge and is going to enroll in the recurring contribution of $27 per month.
-------------------------------------------------------------------
Already signed up for $20 monthly through my credit card.
Contributed $100 earlier.
Pls contribute guys...We need to motivate others to contribute as well..
Arise, Awake! And stop not until the goal is reached! -Swami Vivekananda.
more...
chantu
02-19 06:25 PM
If you guys are discussing so much..can somebody take pain to answer my simple question?
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sayantan76
06-01 06:57 AM
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
more...
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shana04
11-05 01:49 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
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reddog
04-29 10:20 AM
AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!
more...
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ardnahc
08-14 01:45 PM
That's an eternal open question all of us have here :-)
To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!
Thanks
To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!
Thanks
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sathishav
05-16 08:47 AM
I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.
That is right. Each attorney has their own format, get your attorney's format and send it this.
That is right. Each attorney has their own format, get your attorney's format and send it this.
more...
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v_javans
09-10 01:49 PM
Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.
Thanks,
javans
Thanks,
javans
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larmani
10-26 01:50 PM
I am not sure about 1 week prior to appt they will allow or not. If you have real valid reason you may try talk to the officer(not the guard) and explain the situation. Kids are allowed. Our daughter is citizen and we took her with us.
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uma001
11-04 04:35 PM
From 1998 - till date, How many times EB3 priority dates were made current
hopefulgc
03-28 06:29 PM
I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
ArkBird
06-24 12:27 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
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