GCeffect
11-13 09:26 PM
in case he application is denied, will there be any time mentioned in the denied form or not? thanks for your input
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
wallpaper The 2011 MTV Movie Awards was
GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
webm
04-08 10:53 PM
No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.
What is ur PD/EB category?
What is ur PD/EB category?
2011 Kristen Stewart 2011 MTV
GCBy3000
07-27 10:50 AM
People who are in US just for conversion rate can now think of this move. I USD = 39.4 INR, 1 Canadian $ = 37.xx. Not a big difference.
more...
Tshelar
11-06 10:40 AM
Yes you can transfer based on the receipt number. There is not restriction on how many H1B petition can be filed on your behalf by different employers simultaneously. As long as you have no GAP in your paystubs during this transition you should be OK. I have gone through this experience in the past without any issue.
sprash
01-14 05:06 PM
Thanks.
In my case I work for startup and I'm the only one who they are sponsoring for GC (rest all are either US citizens, GC holders or contractors) and my I140 is already approved, so ability to pay is not a concern with my company.
While I have a good rapport with the CEO etc, I am nervous that they might revoke I-140 in case they have lay offs that affect me. I was looking for some articles or USCIS documents that say that there is no requirement to revoke I-140.
Its just harder to prove that there are no such requirements other than saying "look, you couldn't find anything that says you should revoke I-140, therefore don't do it". It would be more convincing if I find something more explicit that says there is no such requirement.
In my case I work for startup and I'm the only one who they are sponsoring for GC (rest all are either US citizens, GC holders or contractors) and my I140 is already approved, so ability to pay is not a concern with my company.
While I have a good rapport with the CEO etc, I am nervous that they might revoke I-140 in case they have lay offs that affect me. I was looking for some articles or USCIS documents that say that there is no requirement to revoke I-140.
Its just harder to prove that there are no such requirements other than saying "look, you couldn't find anything that says you should revoke I-140, therefore don't do it". It would be more convincing if I find something more explicit that says there is no such requirement.
more...
ravicmv
05-20 11:05 PM
Helllo Experts,
Here is my Case:
Have 4 yrs of work experience and changed 3 employers in the past.
1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years
Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.
I am trying to change job and look for a prospective employer who would file my labor/GC immediately.
The 4rth employer is willing to my GC but the Job designation will be Software Engineer.
Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.
I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.
I am in a very confused state and Please advise me as I need to respond for the Job offer.
I sincerely appreciate your help.
Thanks,
Ravi
Here is my Case:
Have 4 yrs of work experience and changed 3 employers in the past.
1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years
Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.
I am trying to change job and look for a prospective employer who would file my labor/GC immediately.
The 4rth employer is willing to my GC but the Job designation will be Software Engineer.
Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.
I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.
I am in a very confused state and Please advise me as I need to respond for the Job offer.
I sincerely appreciate your help.
Thanks,
Ravi
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chintu25
12-13 03:18 PM
BUMP AGAIN
Guys u do not need to disclose the new members name or anything . Just mention the handle of the person . All IVians will whole heartedly welcome the new members
just say I GOT (Put handle here)
Guys u do not need to disclose the new members name or anything . Just mention the handle of the person . All IVians will whole heartedly welcome the new members
just say I GOT (Put handle here)
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WillIBLucky
12-20 10:28 AM
Yes I got the mail too and it says the same word to word. No surprise there.
We would need to educate the problems to the Senators. They seem to think anything related to immigration like a tunnle view. Just one thought and one decision and that is wrong.
We would need to educate the problems to the Senators. They seem to think anything related to immigration like a tunnle view. Just one thought and one decision and that is wrong.
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sympa21
05-16 08:34 PM
Hi there,
Besides my lawyer. When I went to Info Pass they told me the same thing I can't file for the I485 untill the I130 is approved because I was in removal proceedings when we got married. Info pass also said that I130 in removal proceedings is handeled differenty. I don't have a work permit or social yet since i can't file for I485.
thanks for the reply
Besides my lawyer. When I went to Info Pass they told me the same thing I can't file for the I485 untill the I130 is approved because I was in removal proceedings when we got married. Info pass also said that I130 in removal proceedings is handeled differenty. I don't have a work permit or social yet since i can't file for I485.
thanks for the reply
more...
bekugc
08-04 09:15 PM
you can check with a lawyer to be sure ,
but what i think is -->
since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.
Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.
but what i think is -->
since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.
Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.
hot MTV Movie Awards 2011 Red
_shoonya
07-13 12:58 AM
Yes, as per current law you can get SS benefits after retirement age even if you do not have a GC and even if you are not residing in US. The only requirement is for you to have 40 SS credits.
However, given the current state of SS, it is quite likely that rules might change over next 5, 10, 20, 30 years.
However, given the current state of SS, it is quite likely that rules might change over next 5, 10, 20, 30 years.
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aguy
07-26 08:40 PM
so, would you say just waiting for the RFE instead of sending in the exam result with a cover letter. i am afraid that it may get lost. on the other hand, if they delay the RFE by over 6 months, we will have to do the medical exam again. what would you suggest?
tattoo Photos | 2011 MTV Movie Awards
manderson
10-17 11:57 AM
i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.
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pictures Emma Watson
hope4gc
04-02 08:08 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
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keerthisagar
12-09 09:45 AM
As long as you are qualified and confident to do the job, you are in contention. However, the question is do you have a job and is your employer willing to sponsor an H1B for you.
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makeup Emma Watson: 2011 MTV Movie
swetha00
09-12 02:43 PM
Hi all!
Thanks a lot for the information...
Thanks a lot for the information...
girlfriend Emma Watson on June 5, 2011
eb3_nepa
06-08 12:41 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
Then buy those tickets already!! ;)
Then buy those tickets already!! ;)
hairstyles Spider Man Actress Emma Stone
fromnaija
08-28 10:23 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
waiting_4_gc
08-25 01:15 PM
No need to file 2nd I-485.
Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.
Your lawyer should be able to do that.
_________________________
Not a legal advise.
Thanks for your response.
I forgot to mention this, client company got acquired by another company. And I have first company name on approved I-140 (EB2).
Do i have to file successor-in-interest before i update my existing i-485 with I-140 (EB2)?
Thanks
Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.
Your lawyer should be able to do that.
_________________________
Not a legal advise.
Thanks for your response.
I forgot to mention this, client company got acquired by another company. And I have first company name on approved I-140 (EB2).
Do i have to file successor-in-interest before i update my existing i-485 with I-140 (EB2)?
Thanks
Blog Feeds
05-03 08:40 AM
Arizona's new immigration law is a bad idea whether you are an anti or a supporter of comprehensive immigration reform. The reasons are different for each but the idea of a state taking crazy measures points to the failure of congress and the administration to take meaningful action to correct what is becoming a system that is failing the immigrant community and our entire nation.
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
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