WaldenPond
06-30 05:45 PM
Hello baleraosreedhar,
FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.
For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).
There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.
If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.
Just my 2 cents. Hope this is useful.
WaldenPond
Hi Gurus,
I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.
My company has filed for my I140 and it got approved.
I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.
I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.
I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.
Thanks
FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.
For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).
There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.
If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.
Just my 2 cents. Hope this is useful.
WaldenPond
Hi Gurus,
I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.
My company has filed for my I140 and it got approved.
I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.
I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.
I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.
Thanks
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Kodi
07-05 09:05 AM
If its ROW then PD are current.
sac-r-ten
01-30 10:30 AM
Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.
BTW, TwinkleM, gr8 job in helping the fellow IVian.
Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.
BTW, TwinkleM, gr8 job in helping the fellow IVian.
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bestofall
07-28 04:28 PM
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
New procedures:
To ensure your participation, we encourage you to RSVP 48 hours before the call.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
New procedures:
To ensure your participation, we encourage you to RSVP 48 hours before the call.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
more...
roseball
08-01 10:45 PM
The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....
digitalborealis
01-10 02:14 AM
Hello All
Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)
Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?
Did anyone get the receipt of documents submission in response to Green Slip?
Please let me know
Thanks and Good LUCK
D
Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)
Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?
Did anyone get the receipt of documents submission in response to Green Slip?
Please let me know
Thanks and Good LUCK
D
more...
GCVictim
07-24 01:20 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
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nlssubbu
12-05 03:22 PM
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
more...
kerstbrd
07-04 06:16 PM
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
Thanks for the positive update.
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
Thanks for the positive update.
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kumar1
12-26 12:48 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
more...
sanju
01-26 03:55 PM
That's Great! Glad it worked out.
Cheers!!
Cheers!!
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140jibjab
02-25 04:53 PM
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
I think it is a Petty case. As long u can provide the Court Disposition and the ticket issued to the consular officer, You will get the Visa.. Provide as much documentation about the case to the consular officer.
SNTHAMPI , you work hard dude, don't be Hard on others.
I think it is a Petty case. As long u can provide the Court Disposition and the ticket issued to the consular officer, You will get the Visa.. Provide as much documentation about the case to the consular officer.
SNTHAMPI , you work hard dude, don't be Hard on others.
more...
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unitednations
02-22 02:12 PM
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
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pd_recapturing
11-01 07:42 PM
This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.
more...
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TheCanadian
01-02 02:24 AM
That's goofy, I wonder why.
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kalyan
02-12 01:45 AM
The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008
I believe 70% of it might be from US. I have a smalll share in it.
Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.
They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals
I believe 70% of it might be from US. I have a smalll share in it.
Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.
They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals
more...
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I-485 approval
08-20 10:30 AM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
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Catherine
11-18 12:34 AM
Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.
I wonder if there are any other ideas out there? Thanks one and all.
I wonder if there are any other ideas out there? Thanks one and all.
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WeShallOvercome
07-23 04:51 PM
well if u dont have receipt hance no EAD/AP, you are at their mercy forever.
not forever !!!!!!
What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?
If they could keep us at their mercy FOREVER, what is AC21 for ?
not forever !!!!!!
What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?
If they could keep us at their mercy FOREVER, what is AC21 for ?
stemcell
06-25 02:40 PM
why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting
hey yabadaba
I am coming to atlanta on july 3.
Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.
hey yabadaba
I am coming to atlanta on july 3.
Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.
mast_mastmunda
11-10 06:13 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
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