suttu
01-14 12:28 PM
Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
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injrav
03-21 01:37 PM
Hi Friends
After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?
Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.
Rav
After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?
Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.
Rav
seemashah
02-21 04:26 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.
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pcs
01-25 10:00 PM
AP means, he is pre authorized to come back. Talk to some guys & wait to see some more replies at thou is forum. Ask your friend to block seats till you get more clarity.
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
more...
snathan
09-01 05:25 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.
manish756
04-12 03:23 PM
Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
more...
rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
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tish
06-26 05:01 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
there should be a copy when you filed ur first h1 b visa. check it.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
there should be a copy when you filed ur first h1 b visa. check it.
more...
jsb
09-05 10:09 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
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skmurthy
05-28 02:55 PM
Thanks for the reply aruben.
One more clarification, once petition is converted to F1 and I get married after that what will happen to the petition. will it stay in F1 cateogory or converted to some other category or it will be revoked and I will have to do fresh start.
Thanks very much again for you time and guidance.
One more clarification, once petition is converted to F1 and I get married after that what will happen to the petition. will it stay in F1 cateogory or converted to some other category or it will be revoked and I will have to do fresh start.
Thanks very much again for you time and guidance.
more...
CrewNYC
09-25 01:31 PM
wow that was quick, can I see it somewhere?
Thanks!
Andrew
Thanks!
Andrew
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Blog Feeds
05-12 05:20 PM
The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
more...
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Becks
03-29 05:30 PM
They would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.
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leveup
01-23 12:05 PM
I am glad to read it here.
more...
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mbawa2574
07-30 06:41 PM
I am ready to Volunteer.
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PD_Dec2002
08-16 08:16 PM
But it is too late now :(
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
more...
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lfadgyas
04-16 01:55 PM
I'm in the process about to use "AC21"
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
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rajuseattle
06-04 12:46 PM
shruthi07,
Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.
Maybe your PD is current and USCIS wants to complete processing of your I-485.
I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.
Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.
Maybe your PD is current and USCIS wants to complete processing of your I-485.
I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.
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Macaca
03-02 04:34 PM
The bill will start from the Immigration (http://immigrationvoice.org/forum/showpost.php?p=49120&postcount=8) sub-committee of Senate's Judiciary committee.
GCcomesoon
10-11 07:19 PM
Hi
My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing
Thanks
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07 approved
LUD in my case - 1131,485,765, - 7/11/07
EAD for spouse - approved
FP done for spouse
EAD, FP - ????????
LUD in spouse's case - I131-7/11/07, approved
My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing
Thanks
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07 approved
LUD in my case - 1131,485,765, - 7/11/07
EAD for spouse - approved
FP done for spouse
EAD, FP - ????????
LUD in spouse's case - I131-7/11/07, approved
user9
07-25 10:54 AM
Guys,
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
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