NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
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pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
sduddukuri
04-01 02:38 PM
We went to India and got our visa stamped from chennai. Thank you all for all the help
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sina
01-15 09:52 AM
You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
more...
dagabaaj
04-07 08:07 PM
just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.
man this is funny...I thought the last line should read while my life goes kaboooom....
man this is funny...I thought the last line should read while my life goes kaboooom....
kate123
10-02 08:21 AM
I Filed a case with NJ DOL and the outcome was pretty fast. It took 4 months to completely resolve the case. I spoke to DOL People yesterday and they said I will get all my money back.
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
more...
masti_Gai
11-07 12:45 PM
Mail this letter to your parents...
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US
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Jerrome
05-28 12:18 PM
Generally how many days it takes to get the actual RFE in hand.
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
more...
karthkc
03-20 12:04 PM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
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nk2
06-06 10:53 AM
If you are at office and can not call from your desk do the following
Please call in suppoirt of Cantwell Amendment
1. Print the phone numbers
2. Print the talking points
3. Take your cell phone and call from your Car in the parking lot
Make as many calls as you can squeeze in. No number is too small or too large
This is the do or die time for all of us.
Please call in suppoirt of Cantwell Amendment
1. Print the phone numbers
2. Print the talking points
3. Take your cell phone and call from your Car in the parking lot
Make as many calls as you can squeeze in. No number is too small or too large
This is the do or die time for all of us.
more...
bank_king2003
09-13 03:27 PM
You can break height of injustice from USCIS by filling this. (WOM)
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
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samu
04-11 10:20 AM
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
more...
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mdipi
11-02 08:40 PM
hahaha! lost this was by accident too! see i had to do an interview for a school so i was all dressed up, so i posed like a weather man for a pic....so i went to Weather.com and got a local map that i was going to use to put behind me. well the extract tool didnt do exactly what i wanted cause i had never used it, so i did it like a quick mask. so in the end of the filter it ended up making it like all 'rough' on the edges. so i brought the map in....scaled it to size on the screen (i sized it to the whole screen. oh by the way, after i imported the pic onto the new doc.,i difference clouded it).so after all that i put difference clouds on the map too. i changed the layer blend to color blend and vola. it looks cool w/burn too. i have been playing around ALOT w/it. i think it is a big step for me! :beam:
-mike:cyclops:
-mike:cyclops:
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sertasheep
08-03 02:12 PM
How many IV Pennsylvania members are planning to attend the DC Sept 13th Rally?
NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU
See details at :http://immigrationvoice.org/forum/showthread.php?t=11428
NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU
See details at :http://immigrationvoice.org/forum/showthread.php?t=11428
more...
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ocpmachine
06-06 12:13 PM
Guys who get RFE should keep a close watch on the receipt of the notice within 10 days from RFE issue date, if you don't receive it make sure you call them and get the RFE faxed or resent, the deadline to RFE respond wont be extended no matter what you do, this is based on my personal experience.
I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
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mundada
09-05 04:54 PM
no you do not have to wait.
more...
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zeta7
03-23 04:38 PM
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
Ok, this might seem like a really basic question considering most of you guys are at the guru level regarding these matters, but does your I-140 need to be approved before you can use your EAD? More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?
Thanks..
Ok, this might seem like a really basic question considering most of you guys are at the guru level regarding these matters, but does your I-140 need to be approved before you can use your EAD? More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?
Thanks..
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another one
07-09 01:26 PM
8 Million elderly americans live alone....
p.s. sorry not a legal immigration issue
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
p.s. sorry not a legal immigration issue
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
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SGP
10-28 11:24 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.
s416504
12-09 01:21 PM
Visa Bulletin For January 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5212.html)
mikemeyers
11-07 01:57 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
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