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hpandey

09-15 12:47 PM

Well celebrate any way you want... congrats on your new found freedom after 10 years . :)

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madsat1234

06-01 01:04 PM

Received Appointment Letter today..

Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation

I am the primary Applicant, PD Jul 2003, EB3

There are no visa numbers available for this category. Why Interview call..

Even if they selected my application randomly there are no visa numbers available..

Please help..

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uma001

07-24 03:41 PM

More details are needed to answer this question better.

I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.


Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.

Finally it is up to you whether you want to go ahead now or later.

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milind70

08-28 11:49 AM

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531

Attorney_8
posted August 11, 2006 11:29 AM
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The employee must sign the 9089 once it is approved in order to get the I-140 approved.


http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041

Attorney_13
Attorney posted December 02, 2006 10:55 AM
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The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.

Both these are PERM cases not traditional labor.

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help43

09-12 09:58 AM

Please advise on what documents that i need to submit for H1-B amendment

1) Previous employer Paystubs
2) Offer letter from new company...
3) Previous I-94
4) I-20 ...
5)-----

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immuser

10-22 03:23 PM

I got receipts on Oct 20 for my application sent on Jul 18 and received by USCIS on 19th. I sent it to NSC and get receipts from TSC.

however, the receipt date is Aug 17th. Can others share their receipt dates? is it close to the date received by USCIS ?

I am afraid this might affect the overall processing time badly.

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lbk

07-18 12:01 PM

Still I was confused. I got I-140 Approval, I have a benificiary no,
Can I use it in my I-485 application at A# and in my Wife I-485 application?

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indyanguy

01-13 10:26 AM

Receipt date is July 2nd, 2007.

Unfortunately, its the company lawyer and I cannot use a different lawyer's services.

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p_kumar

07-16 10:08 AM

If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....


Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

my PD Oct 2003, EB3
I-140 approved like years ago(Atleast seems to me.)

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TexDBoy

09-10 09:32 PM

I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
and ... It is always least riskier to go to the consulate mentioned in the H1B application ...

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trueguy

04-28 12:04 PM

No issues for me when I came back on H1B on 4/20/2009.

I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.

No issues whatsoever, no question asked and it was smooth sail.

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sac-r-ten

01-30 11:43 AM

Hello Sac-r-ten,

Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

Your input might help me. Thank you in advance

I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.

Anyways,I am relieved that at least i have a H1 now for few more yrs.

All the best to you.

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vjkypally

06-02 01:14 PM

It was just for me, primary applicant. They asked for my status from 1999 to 2004 including my I-20, 797's etc and also I-94 and EVLDid u receive rfe for both applications are just the prime application (assuming you).

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eb3retro

09-25 10:41 AM

good one.

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syedajmal

10-25 01:04 PM

From the above posts you can defintely use the priority date once I-140 is approved and move on.

My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

Thanks in advance for your comments.:)

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h4hopeful

05-31 12:56 PM

You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.

On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.

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vactorboy29

06-24 04:13 PM

Make sure Hotel is Safe and not with short term stay like pros.... .Even you have to to spend little more go for that.I had very bad experience.I had lost my documents that time.

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krishna_brc

03-25 08:12 PM

My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.

You should be fine as long as your W2's are higher than what is specified in H1 LCA.

You GC Labor Wages are for furure job.

Thanks,
Krishna

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needhelp!

01-21 01:49 PM

I know one or two friends who had gap in between H1 transfer. So far USCIS has not been to strict about it.

If you find a minute, could you please update your profile to help other members and IV?

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485Mbe4001

06-29 03:57 PM

i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.

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polapragada

10-23 05:56 PM

This seems pretty amazing. I wonder how it will play out in action.

"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





* CONCLUSION

The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

http://shusterman.typepad.com/nation...y-members.html


It is very good law...Thanks for sharing..

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