starscream
03-24 04:19 PM
Have you hear anything from your appeal? Please let me know.
Thank you.
Aura M/Hassan 11,
I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.
From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.
Best of luck to you both!!
Thank you.
Aura M/Hassan 11,
I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.
From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.
Best of luck to you both!!
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taureanstud
01-02 04:11 PM
Folks,
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
Blog Feeds
04-21 05:36 PM
Fox News (not generally known for sympathetic immigration coverage) reports on an Iraqi translator who has received multiple commendations for taking risks to save the lives of American soldiers. The translator has been denied a visa to live in the US, according to Fox, because of nonviolent actions he took to overthrow Saddam Hussein even though the US government was calling for regime change in Iraq at the time.
More... (http://blogs.ilw.com/gregsiskind/2009/04/heroic-translator-denied-visa-to-come-to-the-us.html)
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
i did file this in the h1 thread. hoping some attorney might shed some light on this for me
thanks in advance
More... (http://blogs.ilw.com/gregsiskind/2009/04/heroic-translator-denied-visa-to-come-to-the-us.html)
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
i did file this in the h1 thread. hoping some attorney might shed some light on this for me
thanks in advance
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chanduv23
10-24 01:56 PM
Ramba,
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
more...
sukant71
02-12 08:15 PM
Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years
anilsal
11-06 10:55 PM
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Give it 3-4 days to reach either u or the lawyer.
I also encourage you to get registered with the local state chapter. :)
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Give it 3-4 days to reach either u or the lawyer.
I also encourage you to get registered with the local state chapter. :)
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
more...
ramus
06-11 07:40 PM
This is not good statement.
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
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desi3933
07-05 03:32 PM
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
more...
amitkhare77
08-14 11:20 PM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
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hmehta
09-11 10:43 PM
If the incumbents really care about being re-elected, they really need to do something over the next 30-40 days. All major news channels are already touting the current congress as a "do-nothing congress". And probably not only their re-election is at stake, if we look at a bigger picture, for some of them even their political career might be stalled!
Ofcourse, there is no gurantee that some kind of immigration bill will pass, but we should not lose hope at this point.
Ofcourse, there is no gurantee that some kind of immigration bill will pass, but we should not lose hope at this point.
more...
eb3India
11-30 11:44 AM
Hi,
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
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GCHope2011
09-07 04:33 AM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
more...
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palemguy
09-16 02:13 PM
Hi palemguy,
Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?
Thank you.
I called to the regular USCIS customer service number 800-375-5283.
Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?
Thank you.
I called to the regular USCIS customer service number 800-375-5283.
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raysaikat
05-27 05:53 PM
My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...
more...
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swaraj
11-11 11:06 AM
desi485, thanks for the tip.
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11
But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11
But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?
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waitingmygc
04-16 04:08 PM
RareRFEon485,
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
more...
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casinoroyale
08-22 12:01 PM
I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
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drirshad
11-26 08:10 PM
My H1 status is pending does means processing or it will change to processing when they really start to look at it.
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va_labor2002
06-16 09:57 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
Excellent idea. Please talk to the Core team.
Excellent idea. Please talk to the Core team.
lazycis
02-12 04:21 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
Of course you can move on EAD provided EAD is current.
In that case can I move to EAD in the given situation ( as above) ?
Of course you can move on EAD provided EAD is current.
hebron
10-11 06:56 PM
That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?
Yes, They will take you seriously. Just complain to DOL.
Yes, They will take you seriously. Just complain to DOL.