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  • apt29
    10-22 03:31 PM
    Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
    Thx





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  • DSLStart
    07-30 07:28 PM
    Just produce the docs thet asked. As for the pay difference, the labor mentioned salary is supposed to be paid to you once you receice GC. Don't worry about it.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • lazycis
    12-17 07:25 PM
    So you haven't received a denial letter yet.
    The most common reasons for EB I-485 denials:
    1. Incorrect fee enclosed/Incomplete form
    2. Underlying I-140 is denied/revoked/withdrawn
    3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS

    For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
    For reason 3 the only option is to file a lawsuit in a federal district court.





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  • koppula09
    01-04 12:51 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat



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  • Anders �stberg
    August 8th, 2005, 11:00 PM
    Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)





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  • seaken75
    10-31 09:07 PM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!



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  • naushit
    01-13 09:22 AM
    I was in exactly same situation last October. I dont believe there is any foolproof method. I tried everything
    - opened SR
    - inquiry to AILA.
    - obmudusman office.
    - Inquiry thu Senator's office.

    finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.

    Good Luck.

    -N


    Hello friends,

    This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?

    Thanks in advance





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  • nayekal
    02-20 06:17 PM
    Hi

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.

    I disagree with A3.
    She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
    She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.

    IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.



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  • mihird
    03-15 10:50 AM
    As such residency on h1b is extremely in recent times so I guess same is with fellowship.



    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...





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  • vinzak
    06-17 12:45 PM
    I'm not a lawyer so please don't take my thoughts as the ultimate truth.


    It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.

    Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.

    There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.

    So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.

    For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.

    Hope that helps.



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  • GCAmigo
    07-16 08:59 AM
    Just curious, where did you get the 1000 number?
    Our website shows 18,000 members and growing.

    OK.. may be less than a 1000 (contributing) members!





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  • Stan09
    07-16 08:56 PM
    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.



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  • surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status





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  • Wish_Good
    06-22 06:04 PM
    Hi Attorney's,

    Thanks for this excellent community service. Which will help lot
    of people like me who are stuck with the Immigration/USCIS Issues/Errors.

    My Sincere thanks for responses to my earlier posting.

    Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
    and got RFE regarding my Educational Transcripts Which was
    responded in time and USCIS received on Dec 5, 2007. Then Got EAD
    and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
    due to 3yr degree) then I-485 denied on June 26th 2008. So, First
    applied MTR for I-140 which was denied on Feb,2009. Then applied
    one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
    by USCIS... receipt copy not yet received).

    Suddenly in the recent past month I see that, My I-485 status
    updated saying -Transferred and now pending @ Texas service center
    (got a notice). So, I applied EAD on June 4th 2009 based on this New Status.

    But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.

    Company B: Before I join this company B. They already applied my Labor (GC)
    and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.

    Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.

    Looking into this.

    My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.

    Please help me.

    Thanks a Lot in Advance.



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  • md2003
    08-30 01:06 PM
    Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

    As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.





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  • meridiani.planum
    07-23 05:41 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.



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  • map_boiler
    09-25 05:27 PM
    I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

    he is still eligible to file.





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  • yabadaba
    09-26 05:21 PM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...


    this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.





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  • srkgollapudi
    04-23 12:55 AM
    Hello All,
    My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
    Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

    Thank you
    Ravi





    gceverywhere
    06-10 08:00 PM
    1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
    Seriously, what will it take for the rest of you to call?

    Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.





    payur
    09-04 12:12 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congrats!!!!:cool:

    I remember you because you created the "June 1st filers - receipt " thread.

    I hope many approvals come soon.

    I would appreciate detailed signature will help us.



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