nogcyet
10-30 04:07 PM
My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.
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thomachan72
10-15 03:44 PM
sshrika:
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
makemygc
06-14 11:20 AM
Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
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mayitbesoon
11-29 01:36 PM
can someone tell me how to find LUD on the online status. Thanks.
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solaris27
08-15 09:50 AM
in which reagion u belong ..
addsf345
01-13 03:21 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.
One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.
One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?
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cleopatra
02-07 10:57 AM
We did check that. What we wanted was I.T project manager, but it got classified as CIS Manager.
We cannot change the job from Project manager to Computer systems analysts.
I am going to be promoted as Project manager, so we need to get a PM role.
Is there anyone who got "Project Manager" in EB2 classification?
We cannot change the job from Project manager to Computer systems analysts.
I am going to be promoted as Project manager, so we need to get a PM role.
Is there anyone who got "Project Manager" in EB2 classification?
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yingli
08-23 10:59 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
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saibalagi
11-09 01:13 PM
Hi One of my Friend also got same issue for his I140( Eb2) regarding his degree, I140 got denied.
After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
But case is still Appeal Court.
I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.
I think this could help
I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.
Thanks.
After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
But case is still Appeal Court.
I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.
I think this could help
I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.
Thanks.
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countdrak
11-01 01:01 AM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
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fromnaija
07-23 12:45 AM
CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.
yes we already have an attorney in US
i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?
what is the solution then?
does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
yes we already have an attorney in US
i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?
what is the solution then?
does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
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sk2009
07-28 03:38 PM
mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis
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wellwisher02
04-02 11:37 AM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
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ImmigrationAnswerMan
07-08 10:37 PM
Anil:
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
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thatwillbeit
06-06 03:38 PM
Thanks for your reply wandmaker
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
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kak1978
11-30 02:33 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
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gconmymind
04-17 04:39 PM
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...
My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...
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tonyHK12
10-20 10:04 AM
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
Yeah I agree, I'm a regular donor anyway. If my GC is getting delayed, then for every year after 2012 I would cut my rent by 100-200 a month :) All other expenses too.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
Yeah I agree, I'm a regular donor anyway. If my GC is getting delayed, then for every year after 2012 I would cut my rent by 100-200 a month :) All other expenses too.
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rap1357
06-12 04:36 PM
Unlucky lot.
acecupid
07-11 05:31 PM
Lets not get over board with excitment. Over doing it might be considered as harassment. Besides we have achieved the main goal of the campaign. Lets focus our resources to the rally. I think media attention thru flower campaign, rally and lawsuit are excellent strategies in increasing order of intensity to push for our cause. I'm glad you are excited to take this a step further, but lets focus our energy in the right direction!:)
boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
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