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ImmigrationAnswerMan
07-08 10:37 PM
Anil:

Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.

You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.

I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
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9411b
12-04 03:28 PM
Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.

RD=7/23/07
Notice Dae =9/19/07

on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.

FP notice received and done in January 2008.

Yes, we need to do something to help us.

JJ
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karthiknv143
07-31 06:14 PM
make sure is htere any filing fee check sent back in the package...
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ruwanb
10-16 11:09 AM
Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....

PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.

Is that $1000 worth?
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swamy
11-21 05:32 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

Sorry to hear that - I think it's a turn for the better! Last time I parted company it wasn't on the best of terms and quite bitter for many reasons but a few years hence it was the best that has happened to me yet
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dollar500
04-10 11:39 AM
AFAIK it's not published yet. Also it's two years extension which is under review not three years.

Good luck
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Britsabroad
November 30th, 2008, 08:01 PM
In the process as we speak Matt. Almost sold up & ready to begin acquisition...
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pooja_34
10-17 07:32 PM
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.


Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
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stones
07-01 08:04 AM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.

Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
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GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.

You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
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gc28262
07-29 12:25 PM
Good One !
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GC Struggle
03-13 04:05 PM
Can you tell me if all the 140's have been applied and approved from the same service center.

The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.

To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...
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ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

1. Do I need to send a mail to Consulate asking the specific reasons for denial?

2. Do I need to write to the senator or some one about this?

3. Do I need to consult an attorney about and re-request for a review of the petition?

4. Do I need to ask the employer anything specific.

I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
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ppt.b
07-17 06:37 PM
not as long as I see it on USCIS website..
Thisis Murthy website...

Thine wish is granted! Check USCIS website
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thatwillbeit
06-05 10:50 PM
Gurus,

When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

Or is it OK to send the photographs and mention the Alien A# .

Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

Your help is much appreciated.
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kalyan65
10-19 10:25 AM
my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.

I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved


Here is my case history,

Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE

Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09

Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
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bijualex29
07-31 05:51 PM
Dear All,
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
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bsbawa10
05-31 09:13 PM
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.

I would advice you better check in advance as soon as you have job confirmation

Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?
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Green.Tech
07-18 01:37 PM
It's hard to predict EB-2 vs. EB-3 movement but I would think that an earlier PD is the way to go.
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gdilla
02-28 12:14 PM
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.

Please see the link for additional information:

http://www.immigrationportal.com/showthread.php?t=196367&page=54

But does it have to be strictly in the same category, namely some kind of electrical engineer?
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gcman2005
10-08 11:04 AM
Hello,

I have following situation and need some help on making my travel decision:

1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

5. My pay stubs are still issued with name of Campany A.

6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?


7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

9. What are the risks in this travel ?
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