gotgc?
08-13 11:15 AM
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
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fatjoe
10-25 03:25 PM
My Rec #'s not avilable online also. I called USCIS and I was told that Rec #'s are always not available, and may not be available at all on-line.
glus
11-06 03:47 PM
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
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chanduv23
07-31 05:33 PM
I personally think, contacting lawyer for tracking number is not breach of contract.
Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...
Then send some pleasant emails to lawyer office, call them. Copy your HR also.
Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...
Then send some pleasant emails to lawyer office, call them. Copy your HR also.
more...
satishku_2000
10-17 02:00 PM
u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.
I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.
I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.
nlssubbu
12-18 04:43 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
more...
shukla77
01-02 11:45 AM
Does anyone know why NSC is slow in the I140 processing that TSC? My I140 date is October 25'06 and I think I would have to get that converted into Premimum Processing if I dont get approval in next 2 months. I aksed my attorney but she has no clue about the realistic processing times.
Good Luck to all.
Shukla
Good Luck to all.
Shukla
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svr_76
02-24 10:34 AM
Earlier administration was selling to external entities...atleast the new adminstration is selling to citizens... so its kind of a good change.
more...
fullerene
07-17 06:11 PM
We shall continue our work by writing letters to lawmakers.
They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
They shall revise the current Name Check procedure so the process can be done predictably.
They shall increase visa number cap and soften the country limits.
They shall pass SKILL BILL...
We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.
They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
They shall revise the current Name Check procedure so the process can be done predictably.
They shall increase visa number cap and soften the country limits.
They shall pass SKILL BILL...
We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.
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rockstart
07-27 08:54 AM
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
more...
pappu
12-13 01:05 PM
After giving the call for the meeting only one member responded and met me. If there is no active interest by members how can we all get things done. We need every member to participate in the effort. Together we can do it!!
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gcwait2007
04-18 08:18 PM
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
A very much TRUE statement....
A very much TRUE statement....
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msyedy
12-13 12:49 PM
sheshadripv
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
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desi3933
02-09 01:55 PM
.....
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
more...
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abheja
12-21 07:25 PM
Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.
My interview was in June so I don't know if things have changed since but please consult your attorney.
My interview was in June so I don't know if things have changed since but please consult your attorney.
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crazyghoda
06-15 02:34 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
more...
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iwantmygreen
08-06 07:47 PM
08/04 LUD on your I485 should be for approval. What does the message read? I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
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sgupta33
08-29 11:54 AM
Thank you to everyone who responded to my questions. Very helpful!
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dannyvn
06-25 07:05 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
sureshd
07-01 05:34 PM
Hi All,
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
ab_tak_chappan
08-12 10:18 PM
Celebration should not need a reason :)
Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
hurrah!....
..
...
...
wait a min..success of what??
Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
hurrah!....
..
...
...
wait a min..success of what??