mayitbesoon
02-04 12:44 PM
My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
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maresco10
04-17 12:24 PM
Your story does not look credible to me.
Why are you working for an illegal. How did you get your I140 approved working for such an employer? Are you an anti immigrant trying to get members tell you some illegal ways.
You cannot get your Labor or I140 approved via a phoney employer. All these are legal processes and lot of checks happen. I find something wrong in your story.
If you still feel it is credible, then with such problems, you need a legal advice not a forum advice.
Maybe there is a confusion, what I think it is illegal is the contract, the employer is legal, that is way I obtained the visa and the I140.
Why are you working for an illegal. How did you get your I140 approved working for such an employer? Are you an anti immigrant trying to get members tell you some illegal ways.
You cannot get your Labor or I140 approved via a phoney employer. All these are legal processes and lot of checks happen. I find something wrong in your story.
If you still feel it is credible, then with such problems, you need a legal advice not a forum advice.
Maybe there is a confusion, what I think it is illegal is the contract, the employer is legal, that is way I obtained the visa and the I140.
grupak
12-10 09:47 AM
there is a way to contribute less than $100
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
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fcres
08-10 05:24 PM
There is an Indian guy who applied on June 1st and got approved.
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
more...
neobuddha
10-17 06:37 PM
Hi,
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
svam77
07-18 11:54 PM
Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.
more...
eb3retro
10-23 10:50 PM
Here is my case : I-140 approved, couldnt file I-485 due to freakin retrogression. H1 extended 3 years after 6 years initial limit. Can i do a H1 Transfer. Can I still use the PD to apply a new labour thru perm and apply in EB2. Currently i am in EB3 but my PD for eb2 is already thru. Please advice. Thanks.
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bodhi_tree
12-15 10:32 AM
I have been interviewed a couple of times at a very good stable company and the engineering manger seem to like my skill sets and experience. The issue is the company has no previous experience with H1 visa whatsoever....They haven't said they wont do it..but they are bit edgy in terms of how legally involved it would be...I have a final interview with the HR boss next week and am looking for ideas to quell their H1 anxiety...
I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..
I'd appreciate if some one can point to any websites/documents/ideas...some thing to show the HR guy that its not as complex or involved process and they are perceiving it to be would be great..
more...
lfadgyas
01-13 09:42 AM
Assuming (but hope not) you will be laid off:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
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AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
more...
continuedProgress
06-08 02:35 PM
My $50 (3626-8870-3772-9306) for this effort.
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sledge_hammer
04-21 02:14 PM
Go to the one in Sterling/Ashburn...
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
more...
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smiling08
09-12 12:21 PM
I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
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dcrtrv27
11-13 07:59 PM
I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
more...
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vin13
05-21 04:43 PM
Aha! He may have tricked you. He could have said you will get your GC by July. But did not mention the year.:D
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MSCapBust
07-25 09:54 PM
Thanks you all for replying.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
more...
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bindas74
05-15 08:38 AM
Hi Gurus,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
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glosrfc
01-01 06:42 PM
Is it just an AS 3.0 competition? Otherwise all of us lowly and impoverished AS 2.0 users will have to sit this one out.
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GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
ganguteli
04-23 09:24 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
enqueued
12-15 08:43 AM
Hong
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
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