beautifulMind
01-04 02:12 AM
I am involved myself in a mess regardning the Green Card labor process
1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)
2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.
3) Just last week I got a denial letter from DOL stating the reason
"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"
also the letter said
The job requirements did not exactly match the earlier case and hence priority date cannot be maintained
This denial also caused the automatic withdrawal of my earlier backlog case.
4) The priority date was very impt to me since I applied in EB3 and from India.
Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again
I am very anxious please help!!
1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)
2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.
3) Just last week I got a denial letter from DOL stating the reason
"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"
also the letter said
The job requirements did not exactly match the earlier case and hence priority date cannot be maintained
This denial also caused the automatic withdrawal of my earlier backlog case.
4) The priority date was very impt to me since I applied in EB3 and from India.
Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again
I am very anxious please help!!
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Harryvins
03-22 01:46 PM
Hi,
I have a valid H4 stamping till Sept 2010. I got my H1B approved last year(2009) and COS from H4 to H1 approved. My H1B was effective October 1, 2009. Due to recession, I still have not been able to find a job. Now I want to change my status back to H4.
As I have a valid H4 stamping on my passport, can I travel across the border to Mexico, surrender my H1B I94 and reenter the US with a new H4 I94? Is that possible? Can that be done on the same day? Or should I apply for a COS - Form I539 and get it done here?
Please respond at the earliest.
Thanks.
I have a valid H4 stamping till Sept 2010. I got my H1B approved last year(2009) and COS from H4 to H1 approved. My H1B was effective October 1, 2009. Due to recession, I still have not been able to find a job. Now I want to change my status back to H4.
As I have a valid H4 stamping on my passport, can I travel across the border to Mexico, surrender my H1B I94 and reenter the US with a new H4 I94? Is that possible? Can that be done on the same day? Or should I apply for a COS - Form I539 and get it done here?
Please respond at the earliest.
Thanks.
navin80
06-21 04:13 PM
Gurus please advise,
I have a H1b with Company A. It expires in Nov 08.
A couple of months ago I joined company B and they transferred my H1B.
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
pl. advise
I have a H1b with Company A. It expires in Nov 08.
A couple of months ago I joined company B and they transferred my H1B.
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
pl. advise
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DUNBAR
01-22 02:50 PM
How difficult would it be to work with the USCIS dept to "allow" filing of I-485 stage on a continuous basis when priority dates are not current? In the current scenario they are pre-adjudicating cases up to July 2007 and are allocating visa's number to them as and when DOS makes them available. They can might as well allow a continuous filing of 1-485, pre-adjudicate them, and then we can wait when DOS gives the visa numbers to get the GC. On the USCIS side of things they will at least reduce their deficit, from fees for i-485, EAD, AP, Renewals. On our side we get the EAD which eliminates employer dependency, visa stamping, visa renewal, proving employer-employee headache. This may sound like a baby step to streamline the GC process. Will this need any type of legislative effort? Is this possible?
more...
foobar2001
02-02 01:28 AM
Hello,
I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.
I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.
The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?
How would I enter my name on the I-94? As on the petition or as on the visa?
Thank you in advance.
i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!
I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.
I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.
The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?
How would I enter my name on the I-94? As on the petition or as on the visa?
Thank you in advance.
i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!
Enginator
09-12 12:39 PM
If you didnt initially use your EAD to work, you should be fine because you have a valid H1B! See my other thread on this matter please.
more...
rajnag21
07-03 07:23 PM
Hi,
I have a question about this. Suppose one had a labor and 140 approved from a company and wants to go to another company. can one file 485 with this other company ? It is for EB3 category.
I have a question about this. Suppose one had a labor and 140 approved from a company and wants to go to another company. can one file 485 with this other company ? It is for EB3 category.
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psaxena
08-07 05:49 PM
Hi,
I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.
Thanks in advance.
Sample Letter
-------------------------------------------------------------------------------------------------
From:
Name
A#xxx-xxx-xxx
DOB xx/xx/xxxx
I-485 Receipt #xxx-xx-xxx-xxxxx
To USCIS
Service Centre
P.O.BOX 82521
LINCOLN NE 68501-2521
RE: Request to revoke the Form G28 sent by attorney with I-485 form
receipt # xxx-xx-xxx-xxxxx
Dear Sir/Madam
I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
In future any communication from USCIS should be sent to me directly to my home address.
Sincerely
_________________
name
Address
----------------------------
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
----------------------------
I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.
Thanks in advance.
Sample Letter
-------------------------------------------------------------------------------------------------
From:
Name
A#xxx-xxx-xxx
DOB xx/xx/xxxx
I-485 Receipt #xxx-xx-xxx-xxxxx
To USCIS
Service Centre
P.O.BOX 82521
LINCOLN NE 68501-2521
RE: Request to revoke the Form G28 sent by attorney with I-485 form
receipt # xxx-xx-xxx-xxxxx
Dear Sir/Madam
I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
In future any communication from USCIS should be sent to me directly to my home address.
Sincerely
_________________
name
Address
----------------------------
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
----------------------------
more...
mzdial
June 13th, 2004, 01:29 AM
And all you thought I did was shoot Dphoto members!
Most of these were shot using the new 75-300 DO that Bob let me test out. (Thanks again Bob!) I'm impressed with the lens. I may be adding it to the arsenal as a good travel lens.
Anyways, here are my pics of our gracious model Julie:
http://www.dphoto.us/forumphotos/showgallery.php/cat/723
It was great meeting all of you that traveled to Indy in such a short, spontaneous get together.
-- Matt
Most of these were shot using the new 75-300 DO that Bob let me test out. (Thanks again Bob!) I'm impressed with the lens. I may be adding it to the arsenal as a good travel lens.
Anyways, here are my pics of our gracious model Julie:
http://www.dphoto.us/forumphotos/showgallery.php/cat/723
It was great meeting all of you that traveled to Indy in such a short, spontaneous get together.
-- Matt
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Dhundhun
10-14 02:52 AM
http://mumbai.usconsulate.gov/cut_off_dates.html
Not much difference - EB2 India gained two months, EB3 gained three months.
Category India Most Other Countries
F1 1 May 2002 1 May 2002
FX 15 July 2001 15 July 2001
F2A 8 Februrary 2004 8 February 2004
F2B 15 January 2000 15 January 2000
F3 1 July 2000 1 July 2000
F4 22 July 1997 15 November 1997
E1 Current Current
E2 1 June 2003 Current
E3 1 October 2001 1 May 2005
EW 15 Janurary 2003 15 Janurary 2003
E4 Current Current
E4-Religious Current Current
Not much difference - EB2 India gained two months, EB3 gained three months.
Category India Most Other Countries
F1 1 May 2002 1 May 2002
FX 15 July 2001 15 July 2001
F2A 8 Februrary 2004 8 February 2004
F2B 15 January 2000 15 January 2000
F3 1 July 2000 1 July 2000
F4 22 July 1997 15 November 1997
E1 Current Current
E2 1 June 2003 Current
E3 1 October 2001 1 May 2005
EW 15 Janurary 2003 15 Janurary 2003
E4 Current Current
E4-Religious Current Current
more...
amsgc
05-13 11:17 PM
So what are they busy doing right now? Which cases are they processing - care to share?
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tnite
10-30 09:34 AM
Hi All,
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
no, Its not true. AP can be approved while you're out of country.
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
no, Its not true. AP can be approved while you're out of country.
more...
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raju123
01-21 05:53 PM
This is a Reuter news and going to be pick by many news agency. It was already posted in our News Thread.
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
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desikaalabandar
05-29 03:44 PM
Bump
more...
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ps57002
09-23 07:28 PM
Just read this on another forum.....
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
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sareesh
09-22 02:55 PM
sibling of US citizens for Philippines -> 1987. Looks like EB3 I will catch up.
what if the sibling dies? will they recapture that Visa?
what if the sibling dies? will they recapture that Visa?
more...
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sunnymit
07-18 10:55 PM
i am switching employers and i have about 10k in my 401k with current employer. my next employer does not have the option to start 401k until after one year of service.i am looking for options to rollover my 401k to a IRA in a company. does anyone have any recommendations?thanks in advance
I still have my 401K from my old job that I quit about 3 yrs back into the same (company's) account. The reason I didn't roll them into IRA is that I prob would have made the same selection of mutual funds that I currently have in my 401K. The company is stable so no worries there. Point is, move your money only if you think it will serve you a better purpose or else wait for your new 401K to kick in and after that just roll over the other account directly into the new one...
Just my 2 cents, of course...
I still have my 401K from my old job that I quit about 3 yrs back into the same (company's) account. The reason I didn't roll them into IRA is that I prob would have made the same selection of mutual funds that I currently have in my 401K. The company is stable so no worries there. Point is, move your money only if you think it will serve you a better purpose or else wait for your new 401K to kick in and after that just roll over the other account directly into the new one...
Just my 2 cents, of course...
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balram
08-06 09:11 PM
Hi,
Iam also in the same situation as yours.
How did you change the Name on the Pending
I-485 and EAd.Please let me know.
I would greatly appreciate your help.
Thanks
balram
Iam also in the same situation as yours.
How did you change the Name on the Pending
I-485 and EAd.Please let me know.
I would greatly appreciate your help.
Thanks
balram
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docp
04-07 10:43 AM
Does the employer pay or we have to shell out our own. Also does the 1010 include the spouse also or we have to pay additional 1010.
chanduv23
12-10 11:33 AM
^^^^^^^^^^
Please contribute
Please contribute
asanghi
02-20 02:11 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
