desibechara
07-20 03:42 PM
hi:
PD 2001..got labor certfied online on June28 2007
I have been waiting for the hard copy..so my Hr called Dol and asked whether they have mailed. The Dol officer sent the Cover letter by email (first page of whole approved package) to company HR showing the certification . She also told HR that cover letter was enough for I140 filing.
Is it true? Please let me know.
DB
PD 2001..got labor certfied online on June28 2007
I have been waiting for the hard copy..so my Hr called Dol and asked whether they have mailed. The Dol officer sent the Cover letter by email (first page of whole approved package) to company HR showing the certification . She also told HR that cover letter was enough for I140 filing.
Is it true? Please let me know.
DB
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LondonTown
05-21 01:04 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
sabithanair84
04-23 03:05 PM
Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.
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apahilaj
09-20 07:43 AM
Are both of these I-140s on the same labor cert?
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
thanks for responding.
Yes, both these 140s are on the same labor certification.
I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.
I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?
Do you have any other suggestion? Thanks again!
Whats the RFE about?
What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.
thanks for responding.
Yes, both these 140s are on the same labor certification.
I haven't received the actual RFE yet, just received an email from CRIS indicating that they need additional information.
I am going to contact my lawyer today and will find out what he thinks we should do. I completely agree with you, I should inform USCIS as well about the situation. I just don't know if situations like these are normal or not?
Do you have any other suggestion? Thanks again!
more...
smartboy75
08-05 11:33 AM
Some more information on this....I just spoke to another CSR @ NSC and asked her about Extended review....she mentioned that it is a normal process and that they have various agencies involved and that they r waiting for response ...did'nt mention what the agencies are or what is it that they r waiting on....also I asked her if I should take and INFOPASS appointment to find out more....she said that would'nt be of any help cause they will also not be willing to tell me more.....
She said wait for about 90 days and if you still don't here from us ..give us a call and we can then take it from there....
I guess I am going to stop worrying and expecting any results soon...lets just wait and see....
will keep u guys posted...
Cheers
She said wait for about 90 days and if you still don't here from us ..give us a call and we can then take it from there....
I guess I am going to stop worrying and expecting any results soon...lets just wait and see....
will keep u guys posted...
Cheers
GC_LOOKIN
12-12 01:09 PM
Thanks Nashorn..
more...
kaisersose
08-06 03:37 PM
Given the volume of questions o this topic, we can do a FAQ on this.
PM me if you think that is a good idea and we will work on it.
PM me if you think that is a good idea and we will work on it.
2010 Justin Bieber amp; Selena Gomez
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
more...
leonimish
04-26 08:45 PM
Hi,
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
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Myvisa
09-24 12:53 PM
Is this a good time to Initiate GC process.
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.
I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.
-- Experts please advice me which is the best option : change the employer and start the GC.. ?
-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.
-- In current market conditions is it safe to transfer H1
--- Thanks
Raj
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.
I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.
-- Experts please advice me which is the best option : change the employer and start the GC.. ?
-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.
-- In current market conditions is it safe to transfer H1
--- Thanks
Raj
more...
andhrawala1000
03-16 07:20 PM
Pay stub amount is not in issue. Paystub is submitted as evidence that you are working (and thus in valid status on day you file the H1). As for visa, a valid visa in ppt can be used for travel though you have changed employers. But on reentry you must show the original receipt notice of employer (to whom you transferred). If you have got the approval, show that to get an extended I-94 and documenting correct employer on the I-94 and USCIS records.
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bobzibub
09-28 03:27 PM
Andrew Sullivan, uber-blogger and one of the country's most influential political pundits warns...
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
Unfortunately, the intellectual wing of the Republicans is in hibernation for the foreseeable future. They are basically in hiding from the Glen Beck wing-nuts, so I doubt if Sullivan is very influential right now. He ought to be for conservatives because he is quite insightful but Beck provides plenty of pablum for the lazy.
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
Unfortunately, the intellectual wing of the Republicans is in hibernation for the foreseeable future. They are basically in hiding from the Glen Beck wing-nuts, so I doubt if Sullivan is very influential right now. He ought to be for conservatives because he is quite insightful but Beck provides plenty of pablum for the lazy.
more...
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uslegals
09-17 01:53 PM
way to go chandu.! We all will be there tomorrow.!
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Blog Feeds
06-05 01:40 AM
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
more...
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SandeR2
04-02 05:58 AM
whowho! one more day and we will see the finalists :D
I'm excited :D
I'm excited :D
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amslonewolf
05-06 03:59 PM
Check the I-140 tracker at ..
while you are there post your details to the priority retrogression tracker
while you are there post your details to the priority retrogression tracker
more...
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willigetagc
11-13 05:33 AM
I am sure this may have been asked already but I coudn't find a thread.
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
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indyanguy
01-04 10:04 AM
It might be helpful to gather numbers on how many of the July/Aug filers have invoked AC21 (with or without letting USCIS know)
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snathan
06-09 10:13 PM
Hi
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
Are you the mouth piece for your friend...?
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
Are you the mouth piece for your friend...?
shsharma_2000
02-08 12:39 PM
I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
reddymjm
05-12 09:33 AM
AAA also offers..