indyanguy
01-13 12:01 PM
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
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logiclife
03-24 03:00 PM
Assuming that those numbers are wrong, you think they will listen to our request and correct it? No way.
yagw
07-11 06:35 PM
Beware...read this:
http://www.usimmigration.net/images/7-8-08_Debarment_of_a_Software_Co_from_PERM_filings_fo r_3_yrs.pdf
Just an FYI, this company is the one that develops SW to help attorneys in filing the PERM. Looks like they used the USCIS website as a testing place for their SW and hence the debarment. Should not be a problem for most of the companies (wonder any?) out there.
From the announcement:
"..
LawLogix submitted more than 100 applications
using the permanent program�s online filing system in the last year, apparently for the
sole purpose of testing the parameters of the department�s electronic processing system.
...
"
http://www.usimmigration.net/images/7-8-08_Debarment_of_a_Software_Co_from_PERM_filings_fo r_3_yrs.pdf
Just an FYI, this company is the one that develops SW to help attorneys in filing the PERM. Looks like they used the USCIS website as a testing place for their SW and hence the debarment. Should not be a problem for most of the companies (wonder any?) out there.
From the announcement:
"..
LawLogix submitted more than 100 applications
using the permanent program�s online filing system in the last year, apparently for the
sole purpose of testing the parameters of the department�s electronic processing system.
...
"
2011 Selena Gomez never planned on being a role model. But after finding fame at
enggr
10-12 12:37 AM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
more...
gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
BeCoolGuy
04-04 07:39 AM
Just two cents -
One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.
Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...
If it still gets revoked, you always have MTR option.
try to use a good attorney to do the job, especially if you to go MTR way.
Goodluck
One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.
Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...
If it still gets revoked, you always have MTR option.
try to use a good attorney to do the job, especially if you to go MTR way.
Goodluck
more...
nochoice
12-17 12:01 PM
Suman,
Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.
Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.
2010 Selena Gomez is feeling fine after a bit of a medical scare last week,
India_USA
01-31 09:18 AM
By jumping ahead with high-skilled immigrants of course! =D
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Couldn't agree more!
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Couldn't agree more!
more...
abhi_jais
01-27 08:58 AM
Guys,
Don't loose hope, we have got nothing to loose but in case we win, we will help the entire community to achieve their dreams. I guess we should do our part and leave the rest on the senators. Lets get together again and convince our senators to pass this bill, hopefully we can get it done this time.
--Abhi
Don't loose hope, we have got nothing to loose but in case we win, we will help the entire community to achieve their dreams. I guess we should do our part and leave the rest on the senators. Lets get together again and convince our senators to pass this bill, hopefully we can get it done this time.
--Abhi
hair Selena Gomez arrives
brahmam
06-27 09:28 AM
True, some have had this A# assigned on their I-140 approvals and some don't. Anyone knows what's the significance of this?
more...
vikramy
11-19 07:00 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
hot A photo of Selena Gomez
saketh555
05-04 03:21 PM
I'm moving from MI to TX and need to do something address. Does premium mail forwarding service works for USCIS notices? I know regular mail forwarding doesn't work and they'll be returned to INS. Please let me know if premium service works or not.
Thanks.
Thanks.
more...
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rb_248
01-13 02:21 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
Let us somehow try and push SKIL bill. It almost got to the floor last time.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
Let us somehow try and push SKIL bill. It almost got to the floor last time.
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Gravitation
12-17 11:38 AM
2 years - 10 years.
Not very precise... but that's as much as anybody knows.
Not very precise... but that's as much as anybody knows.
more...
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Rb_newsletter
12-15 06:06 PM
Hi pra945, can you post the list of docs asked?
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pyrosleepy
11-09 10:12 AM
My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.
Anyone, please give me some guidance on this.
Thanks very much in advance.
Anyone, please give me some guidance on this.
Thanks very much in advance.
more...
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seekerofpeace
09-10 01:53 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
girlfriend Selena Gomez
mmanurker
08-06 11:29 AM
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.
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mygc2006
04-08 11:55 AM
please see my signature for details
permfiling
10-18 08:35 PM
Thank you all for your replies.
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
Hi GGC,
Die your online status anytime show the following message ?
On Oct 18, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators
If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
Hi GGC,
Die your online status anytime show the following message ?
On Oct 18, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators
If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
xbohdpukc
01-09 02:11 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
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