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pmamp

11-03 02:12 PM

I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.

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snathan

03-03 01:29 PM

Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.

Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.

What ever it is...you need to file I-140 within 180 days of approvel. Its two years and gone.

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masterji

09-23 03:59 PM

I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.

No FP was done. FWIW my last FP was in Jan 09.

Thanks for the info

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piyu7444

07-03 01:27 AM

H1B transfer pending & going out of US for 3 days.

My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

Please help by throwing out your thoughts/past experience/knowledge base in this area.

Thanks

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akhilmahajan

09-14 03:22 PM

Please if you at home and can listen to it that will be great. Is there a way to record it up?

Being at work cant listen to it. I would have loved to listen to a dedicated and devoted personality.

Cheers.

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AB1275

12-12 01:04 PM

What was the REF about?

As a backup you can file new EB3 PERM

I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.

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pandu_hawaldar

09-09 01:04 PM

looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?

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lyu265

04-02 02:21 PM

NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)

Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY

Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


DOL Contacts

Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000

Mr. Paul T. Conway
Chief of Staff
(202) 693-6007

Mr. Steven J. Law
Deputy Secretary
(202) 693-6000

Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100

Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003

Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000

Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210

--------------------------------------------------------------------------------

WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th

Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

Dear Sir / Madam:

I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

I would be highly appreciated if you look into this matter as soon as possible.

Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR

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priderock

11-29 03:36 PM

I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

My question is:

1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.


What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

It is not possible to get the stamping on company "B" if you have H1 from company "A".



2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.


You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.


Any help is greatly appreciated, I need to decide fast. Thanks a lot.

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slc_ut

01-18 10:30 AM

I've visited the local IRS office again. A different official told that only passport is enough for a foreign national to get the ITIN number. The W7 form needs to be submitted with the tax filing documents.

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SunnySurya

08-03 08:32 PM

Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.

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gc28262

07-01 05:55 PM

Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.

http://en.wikipedia.org/wiki/Non-compete_agreement

I signed one last week knowing that it does not have much validity.

In doubt check with an attorney.

Hi All,

I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

Preferred Vendor X > the Client C

Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

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gc_kaavaali

05-21 02:37 PM

Hi,
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.

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GCWarrior

04-16 02:25 PM

Hi Gurus,

I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.

Here is my case.

PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

Please let me know what options I have.


Thanks
GCWarrior

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dingudi

10-25 03:25 PM

Guys,

Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this

" On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."

This was the message I was receiving when I got the receipts initially.

But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.


I-485 July 2nd
I-485 ND Sept 10
No FP yet.
EAD/AP receipts received.
Edit/Delete Message

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kiran_k02

12-05 05:20 PM

I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?


Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.

I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.

I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.

My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.

Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.

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sparky_jones

03-12 09:34 PM

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Congratulations!

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adGurkha

01-17 10:48 AM

Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?

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gc28262

03-27 10:05 AM

I entered on H1 not AP. Hope this is safe :).
Yes, you should be.

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ram04

10-20 08:43 PM

If your new company is paying the fee use company attorney else stick with old attorney.

Make sure the new attorney is good and capble of handling your case.

I have followed first option in my case which is similar to yours and ofcourse my new corporate attorney is equally good.

Hope this helps to decide further.

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waitin_toolong

07-27 09:53 AM

no it wont be that is what is meant be dual intent for H and L visas.
Can you quote a source on your assertion.

That used to be true at a time but changed in afer clarification in 1999/2001

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