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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dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
s416504
08-29 12:24 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
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gc_chahiye
09-10 03:39 AM
With the revision of the bulletin being revoked, things kind of worked out ok. However why has'nt anyone looked into what exactly happened on July 2nd and who was responsible for what? All the questions that Zoe Lofgren asked were very legitimate. Why were they not answered? We had Condi Rice say that all visa's were exhausted; this was on TV. Was she lying or mis-informed by someone in her department? Who misinformed her? What was the motivation for revising the bulletin? Who ordered the mass-processing of pending applicatons that we have now seen? Why were all dates made current in the first place? Which agency did it and who did they not talk to?
If it were not for the flower-campaign induced media exposure, and the tough stance taken by Zoe Lofgren, USCIS/DOS could have gotten away doing whatever they wanted. What if the next time something like this happens Zoe is not working on the immigration subcommittee in the House? No one else stood up against this mangling of the law. If you steal a car and two weeks later go put it back where you took it from, it does not change the fact that you stole the car and must be held responsible for it. Where is the responsibility for what happened on July 2nd?
Anyone contacted the Ombudsman to see if he is doing a special report on this July 2nd fiasco?
If it were not for the flower-campaign induced media exposure, and the tough stance taken by Zoe Lofgren, USCIS/DOS could have gotten away doing whatever they wanted. What if the next time something like this happens Zoe is not working on the immigration subcommittee in the House? No one else stood up against this mangling of the law. If you steal a car and two weeks later go put it back where you took it from, it does not change the fact that you stole the car and must be held responsible for it. Where is the responsibility for what happened on July 2nd?
Anyone contacted the Ombudsman to see if he is doing a special report on this July 2nd fiasco?
more...
bombaysardar
07-17 10:22 PM
If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.
gcforever
02-20 05:17 PM
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
more...
bfadlia
03-15 01:31 PM
^^^^
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gcseeker2002
11-12 02:54 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
It is only for those people who are changing visa types, not for renewal stampings.
It is only for those people who are changing visa types, not for renewal stampings.
more...
natrajs
09-01 06:10 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
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indyanguy
02-01 07:32 PM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
more...
coolvigo
07-12 11:02 PM
Guys,
Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)
http://www..com/discussion-forums/i485-1/114468227/
:)
Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)
http://www..com/discussion-forums/i485-1/114468227/
:)
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pvganesh
10-24 11:42 AM
Thanks Ann Ruben.
My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.
We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".
Thanks
PVGanesh
My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.
We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".
Thanks
PVGanesh
more...
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pappu
08-14 04:10 PM
and you thought only BEC are the only ones messing up...
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http://murthy.com/news/n_balapp.html
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WAIT_FOR_EVER_GC
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xbcsd
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ksrk
08-14 08:08 PM
Hi Omved,
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
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drirshad
10-24 06:57 PM
Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.
more...
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illusions
04-24 02:22 PM
Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
good news indeed! now you can celebrate your weekend even more happily :) Hope to see more such approvals.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
good news indeed! now you can celebrate your weekend even more happily :) Hope to see more such approvals.
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Hong12
02-16 11:56 PM
I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.
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dextro_a
08-11 11:51 AM
Out of the ones which are posted above, I used ECE recently for MBA admissions. They do not require attested copies from University. You need to fax your marksheets to them and pay the fees (I think $135). They may ask for original if fax is not clear, which was the case in my evaluation. I did not opted for Rush service and got the evaluation sent back to me in 4 weeks.
Address from above post:
Educational Credential Evaluators, Inc.
PO Box 514070
Milwaukee, WI 53203-3470
Phone (414) 289-3400
Fax (414) 289-3411
email: eval@ece.org
Website: www.ece.org
Address from above post:
Educational Credential Evaluators, Inc.
PO Box 514070
Milwaukee, WI 53203-3470
Phone (414) 289-3400
Fax (414) 289-3411
email: eval@ece.org
Website: www.ece.org
sammyb
02-10 07:00 PM
uploaded the letter...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
gcformeornot
08-07 09:15 AM
on this forum will get answers...
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