madooripraveen
03-25 01:59 PM
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
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kshitijnt
07-18 01:03 AM
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)
champu
03-09 03:31 PM
start a consulting company. ;)
2011 I don#39;t care how poor a man
Berkeleybee
03-07 10:38 PM
Glad you got in touch with Jay (logiclife). I will let him respond to these questions.
Thanks,
Berkeleybee
Thanks,
Berkeleybee
more...
ekkatip
11-06 05:59 PM
My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.
My I-140 EB3 PD 2002 approved in 2006
I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.
Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.
Couple of my friends successfully ported PD and got GC.
Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.
My I-140 EB3 PD 2002 approved in 2006
I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.
Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.
Couple of my friends successfully ported PD and got GC.
lazycis
01-10 04:23 PM
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
Correct.
Correct.
more...
ImmiRam
09-13 02:31 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
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nefrateedi
08-29 12:03 PM
Could someone please, help me with the following situation; HERE IS MY EXPLANATION:
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
more...
a_yaja
06-26 02:08 PM
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
hair 0_quotes_fooled_care.gif
optimystic
09-10 03:12 PM
Most of you know about rear view mirror fuzzy dice cubes
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.
I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.
Dear USCIS,
Please accept our token gift. We hope you would adopt the following traits as your motto.
'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?
'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.
'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order
'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??
' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers
'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc
We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.
Sincerely
Your customers
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.
I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.
Dear USCIS,
Please accept our token gift. We hope you would adopt the following traits as your motto.
'Fair'
- Be Fair
- Follow the FIFO order of priority dates.
- You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
- How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?
'Fast'
- Be Fast
- Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
- Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
- Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.
'Forward'
- Make forward progress
- EB3 I PDs haven't moved even few months in past several years
- EB2 I/C PDs are swinging like a pendulum
- Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order
'Flexible'
- Be flexible
- Allow us to use AP as a regular travel document
- Recapture wasted visas
- Allow to file I-485 irrespective of PD being current
- Clarify AC 21 scenarios
- Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??
' Fix'
- Fix the broken processes at USCIS
- Increase resources at the service centers
- Improve the customer service over telephone
- Be courteous to your customers
'Flawless'
- Provide flawless service.
- The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
- Make online status updates more transparent.
- Provide more transparency around the processing dates, Visa number assignments, PDs, etc
We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.
Sincerely
Your customers
more...
simon03
08-16 01:26 PM
I am not an expert but this is my understanding:
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
hot I+dont+care+quotes
tanaysengar
02-22 05:15 PM
I turned out to be my I-485 approval notice!
I just received it yesterday.
Thanks all.
Freedom1.
---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?
I just received it yesterday.
Thanks all.
Freedom1.
---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?
more...
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485Mbe4001
09-14 06:48 PM
:D we could hold town hall meetings and discuss this issue, unfortunately we dont have the taxpayers money to blow...
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
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sledge_hammer
06-29 12:43 PM
^^^^
more...
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morchu
08-02 12:58 AM
I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.
You can try to get an affidavit from some of your older colleagues.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
You can try to get an affidavit from some of your older colleagues.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
dresses quotes on care. free custom
gcdreamer05
09-29 01:27 PM
If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.
Maverick_2008-+
If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......
Maverick_2008-+
If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......
more...
makeup I don#39;t care if you agree or
shreekhand
08-17 02:52 PM
So, the bottom portion of you H1 approval notice (I-797) does not have an I-94 ?
If not, then doing it in Canada for the first H1 can be a big gamble.
If not, then doing it in Canada for the first H1 can be a big gamble.
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a_yaja
06-26 03:31 PM
My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
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Heart
10-07 05:45 PM
Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.
yes, i have unexpired visa. I was wondering if I need visitor visa to go to Mexico and have a new I-94 at port of entry.
yes, i have unexpired visa. I was wondering if I need visitor visa to go to Mexico and have a new I-94 at port of entry.
seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
Dhundhun
07-09 10:08 PM
I guess Priority mail would have been a better option - The real question is do they go and pickup from the PO
That's true. Priority Mail + Delivery Confirmation.
That's true. Priority Mail + Delivery Confirmation.
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