eilsoe
10-03 02:03 PM
hehe, I hear ya! :P
Have fun... :evil:
Have fun... :evil:
wallpaper 2011 cute quotes about love
glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
Apollon
06-30 06:57 PM
I realize the PERM position requirement must match EB2 track requirement, it must be what you said. However, what I'm questioning is (lets assume we're not talking about Masters degree at all, only BA+5 alternative) - does it make a difference *for position requirement*, not EB2, if part of the "+5" in the position requirement came before the bachelors degree was completed? Can this job requirement be without restriction all of the "+5" comes after graduation, and still qualify for EB2, where all "+5" must come after degree requirements have been satisfied?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
2011 cute quotes about love and
hsm2007
09-20 07:28 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
more...
zeusjerry
05-18 08:14 AM
Based on the Cornyn Amendment, can one apply for I-485 without the visa numbers being available ??
centaur
03-27 05:45 PM
You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
more...
BPforGC
05-12 04:29 PM
Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
2010 cute love pictures with
alisa
06-10 10:42 PM
Backlog Elimination Centers
:)
:)
more...
senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
hair i love you cute quotes
sriswam
06-28 08:42 PM
Is it worth to file premium processing on friday?
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
more...
bsbawa10
04-11 06:09 AM
I always did paper filing. I have done it third time this time. Incidently, the first two times the EAD approval came in about 17 days but this time, it has already been 15 days and I have not received the receipt even. The check was withdrawn on the 13th day.
hot Cute love quotes and famous
sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
more...
house hot cute love quotes for
TUnlimited
09-15 09:05 PM
We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
Yeah! What the hell does it mean? I have the same thing - UNKNOWN...
My friends is answered differently. His is from TSC and mine are from NSC.
Does any of you know what does "UNKNWON" mean and what consequences it might have.
Yeah! What the hell does it mean? I have the same thing - UNKNOWN...
tattoo quotes on love and life
delax
11-06 08:53 AM
Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??
Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM
Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM
more...
pictures many quotes about LOVE and
kisana
04-10 12:44 PM
Please provide your input.
dresses cute love quotes from movies.
xyz2005
08-08 07:55 PM
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards
more...
makeup Cute Love Sayings
ags123
07-26 11:44 AM
Yes it can be done for 180 days after approval given that marriage occured before approval.
My confusion is with the lockboxes.
The application says file at chicago lockbox
The lawyer says Nebraska Service Centre.
Anyone who has recently done this please let me know.
Thanks
A
My confusion is with the lockboxes.
The application says file at chicago lockbox
The lawyer says Nebraska Service Centre.
Anyone who has recently done this please let me know.
Thanks
A
girlfriend house cute love quotes and
SAMK
02-01 01:47 PM
Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?
hairstyles cute love pics and quotes.
cool_cat
09-26 05:11 PM
Hi, My application for I485 was received by Texas service centre. I have not received my RN and neither is my check has been cashed yet. I am confused looking at the online dates at www.USCIS.gov. Is there anyone who filled on 2nd of july and have not heard back from USCIS.
Thanks!
Thanks!
vin13
11-30 09:38 AM
It seems odd that there has been so many RFE for photos. I am not sure if the request for photographs is because USCIS is simply loosing them.
I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.
I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.
It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....
I wonder why they cannot combine the EAD and AP as one document.
I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.
I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.
It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....
I wonder why they cannot combine the EAD and AP as one document.
Prashanthi
06-26 01:41 PM
No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.
0 comments:
Post a Comment