waitingnwaiting
01-21 08:00 AM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
wallpaper Paul Smith / Featureflash 2011
babu123
06-29 10:10 AM
What I heard is, 485 packet need to be send to the office where the I-140 got approved.
MeraNaamJoker
09-16 04:44 PM
Here is the scenario.
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
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lostinus
07-17 06:56 PM
Great job IV team. Congratulations. Thanks a million.
Contributed $100 today. Pledge to put more in every quarter.
Contributed $100 today. Pledge to put more in every quarter.
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NikNikon
July 27th, 2005, 05:25 PM
Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
more...
indyanguy
01-13 10:39 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
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memyselfandus
11-19 07:03 PM
Seewa helps people who have undergone similar experiences as you did. Call them for advice and help. If they can't directly help you atleast they can refer to a proper organization that would.
SEWAA - Service and Education for Women Against Abuse (http://www.sewaa.net)
All the best.
SEWAA - Service and Education for Women Against Abuse (http://www.sewaa.net)
All the best.
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waitnwatch
07-16 06:28 PM
Your post resembles one of those ads with deceptive fine print! Do you work for an advertising company by any chance?
People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)
Please see links below:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)
Please see links below:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
hair quot;American Idol 2011quot; F..
digmetalq
04-23 03:29 AM
Tell your employer that you need a second opinion, consult with a reputed lawyer, and then choose your options.
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natrajs
09-16 03:27 PM
Recd CPO e mail @ 7 PM EDT - 9/15/09 ( Self & Spouse) - TSC
June 04 EB2I
8/8/07 - RD
9/28/07 - ND
8/28/08 - SLUD
9/15/09 - HLUD - CPO E mail
Thank Q IV
Best Wishes and Good Luck
June 04 EB2I
8/8/07 - RD
9/28/07 - ND
8/28/08 - SLUD
9/15/09 - HLUD - CPO E mail
Thank Q IV
Best Wishes and Good Luck
hot American Idol singer Paul
yabadaba
06-22 05:31 PM
yes typically it is the Service center that has approved your 140
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njdude26
07-12 02:25 PM
it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?
good luck.....
I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .
This is an RIR filed in Oct'02 in PBEC
good luck.....
I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .
This is an RIR filed in Oct'02 in PBEC
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qualified_trash
10-05 02:11 PM
I used to work with someone who is a Canadian citizen (but originally from France). he once told me that every close friend of his applied and got through except for him..........
I think he continues to apply every year.........
I think he continues to apply every year.........
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MannyD
10-25 01:19 PM
should be valid preferably until you get your new I140 approved.
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
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irrational
04-04 03:59 PM
Use the key combo above and try calling and verifying your address with the IO.
They might be able to change it directly on file.
-----
How did you know that your FP notices were sent back ?
They might be able to change it directly on file.
-----
How did you know that your FP notices were sent back ?
more...
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milind70
10-15 02:03 PM
Hi,
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I think not since his PD is 2006.
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I think not since his PD is 2006.
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Appu
09-11 01:10 PM
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
hairstyles Paul Smith / Featureflash 2011
pappu
05-11 01:28 PM
some german lady speaking about getting citizenship.
shree772000
08-21 05:41 PM
Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.
I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".
Noone can say when ur perticular case will be adjudicated, and I mean Noone.
I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".
Noone can say when ur perticular case will be adjudicated, and I mean Noone.
gcformeornot
12-31 01:23 PM
vote
