miércoles, 15 de junio de 2011

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  • Hermione
    10-02 03:58 PM
    I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).

    Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.

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  • sanju_dba
    08-03 04:37 PM
    Dear Registered OP,
    I guess you have accidentally choose IV to post your issue,
    the key word search "Frustation" on google might have drove you here,
    not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D

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  • sunofeast_gc
    07-25 11:12 PM
    I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

    Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

    What is ur Priority Date and when you filled ur I-485?

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  • go_guy123
    01-04 10:30 AM
    This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.


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  • sparky_jones
    10-10 04:14 PM
    No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.

    Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.

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  • food2006
    08-11 09:58 PM
    According to my knowledge both of u get should get seperate receipt copies individually for 3 different applications.


    I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!

    Can some one please clarify this doubt?

    I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.


    One time contribution $100


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  • ski_dude12
    12-22 12:29 PM
    Please contribute to IV.

    Thanks for the info, i too got my recpt# by calling...

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  • rolrblade
    07-27 02:21 PM
    You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

    But you are correct for RD :)

    I disagree. If his check has a date of less than 180 days, it will be cashed. He simply said the forms to be signed as of 1995.

    :D :D :D


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  • vinodp1978
    06-29 09:30 PM
    I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.

    Also if PP for 140 goes away what is the typical time to process from NSC?

    can anyone tell me if i am reading the laws right?? any other options?


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  • contact
    04-27 10:45 AM
    whether the incident is true or not, IV member is trying to caution us that we should be fully focused when the officer examines our passport.


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  • add78
    06-11 08:56 AM
    This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.

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  • geevikram
    11-25 01:09 PM
    It is still worth fighting for..I will make it to DC.


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  • clockwork
    02-02 06:15 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

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  • kavita_abb
    10-10 02:15 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!


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  • vivache
    10-05 07:17 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

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  • kerstbrd
    07-09 12:02 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    That was my feeling all this time. Why couldn't they just give us all the proper forms to fill (which we don't need lawyers for) and then correct the mistakes.


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  • sankar_203
    08-04 02:51 PM

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?
    May be
    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
    May be
    3. If so how would I approach from here?
    Consulting with an attorney
    4. Has anybody similar experiences with their employers?
    yes me and my friend did
    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
    Not at all advisable..patience is virtue in this matter..
    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
    Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..

    Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??

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  • anilkumar0902
    09-18 12:06 PM
    EB-2 , PD: Oct 2005, Filed at Nebraska, I-485 Received Date: 07/31/07, Notice Date: 09/05/07. Section: Unknown for me and my wife.

    Last week, called up USCIS and mentioned about my case. The person who took the call, said nothing can be done and that i need to wait for the application to be processed.

    I called up today again and spoke with a different lady and she patiently listened to the details and placed a Service Request to USCIS about the details. She wanted me to call back in 45 days if nobody contacts me about the same.

    But, looks like many folks who applied in NSC, are facing this issue of "Section: Unknown"...Not sure, if we need to be worried or not. But hope everything works out well at the end.

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  • GCapplicant
    07-30 01:59 PM
    U R really lucky

    02-03 05:04 PM
    Can you please let me know anyone. I had this doubt because one of my friend is saying,

    During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
    Even if you do not use EAD and in H1.

    PLEASE LET ME KNOW:confused:

    03-06 11:19 PM
    I will fax it on Monday.

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