ebizash
08-25 02:17 PM
poorslumdog,
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
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joydiptac
11-18 05:52 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
srikondoji
07-05 11:33 AM
Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
--sri
PLEASE DIGG
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
--sri
PLEASE DIGG
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
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cinqsit
02-02 08:43 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
more...
Ψ
06-11 12:33 AM
http://img62.photobucket.com/albums/v188/_azzy_/Chess_copy.jpg
sorry took soo long here is my next serve. would really like some comments on it
sorry took soo long here is my next serve. would really like some comments on it
MightyIndian
06-05 11:24 PM
The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
more...
txh1b
08-25 02:33 PM
AC21 is complicated enough and you need to have a qualified lawyer (get a second opinion from one) if your company lawyer is the only one that is looking at it.
1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
2. This sounds more like a same/similar position.
3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
5. a. You will retain your old PD.
b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
6. This sounds repetitive as #3.
1. These seem different to me and I am sure the job descriptions under the ONET page would also be different for these SOC codes. This would mean your AC21 will be risky.
2. This sounds more like a same/similar position.
3. You could do that. Your employer should be ready to give you a letter that your profferred position upon approval of GC is an Engineer position. If there is any mention of a manager, USCIS may be wondering why anyone would take a demotion (sorta) after the GC is approved.
4. You can but employer tailoring the description to fit your needs might be bordering to fraud.
5. a. You will retain your old PD.
b. This is a gray area. You are technically not qualifying under AC21 however, it is possible as AC21 filing is not mandatory. If your case gets in audit, you will run the risk. Calculate the risk/reward and act.
6. This sounds repetitive as #3.
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zexunzhou
09-17 12:54 PM
do not know what to do yet.
more...
dealsnet
07-23 02:12 PM
See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
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validIV
06-18 05:58 PM
Why are u telling us to support CIR only after seeing something for EB non-ROW? I am non-ROW and I find your post selfish and pathetic. CIR helps everyone in EB and FB, ROW or otherwise.
Recently multiple threads have been created in IV forum about
* Illegal�s (now conveniently called undocumented immigrants) * their anchor babies * and CIR.
We should not support Illegal�s and their agenda.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
Recently multiple threads have been created in IV forum about
* Illegal�s (now conveniently called undocumented immigrants) * their anchor babies * and CIR.
We should not support Illegal�s and their agenda.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
more...
jonty_11
07-16 03:28 PM
please also post ur details, PD, Country ND, RD etc...
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ganguteli
03-06 02:53 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
more...
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sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
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gantilk
04-28 09:44 AM
when you say new fees, i assuem it is $340 . Correct ??
more...
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gsvisu
07-12 10:16 AM
Is it possible to show also Martin Luther King along with Gandhi in the template photographs ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
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rheoretro
08-08 07:33 PM
...of meaningless "predictions."
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IneedAllGreen
11-30 06:38 PM
Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
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pkd
07-29 03:42 AM
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
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Queen Josephine
June 20th, 2005, 02:45 PM
Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!
I'll post it tonight when I get home from work.
I'll post it tonight when I get home from work.