CheckRaise
10-12 11:28 AM
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
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raysaikat
06-14 11:50 AM
Thank you! raysaikat
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
Dhundhun
03-31 02:10 PM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
2011 Photo:
Saralayar
01-30 01:16 PM
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
How do you know the person who asked this question is Man or Woman?.
You replied: Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your ......:confused:
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
How do you know the person who asked this question is Man or Woman?.
You replied: Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your ......:confused:
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krishnam70
08-14 11:06 PM
I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
Spending a few minutes and searching through the forum would probably answer some of the basic questions and some of them are posted in the sticky's but people dont have the patience and they need answers straight away and open a a new thread. So how would you the threads to be less. If a 5 people open threads just to talk about receipts or dhl or ups or fedex tracking then it would add no value but just threads..
--go figure ..
cheers
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
Spending a few minutes and searching through the forum would probably answer some of the basic questions and some of them are posted in the sticky's but people dont have the patience and they need answers straight away and open a a new thread. So how would you the threads to be less. If a 5 people open threads just to talk about receipts or dhl or ups or fedex tracking then it would add no value but just threads..
--go figure ..
cheers
chanduv23
03-31 01:55 PM
I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
more...
vvrmurthy
11-21 05:08 PM
Hello tdasara,
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
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gunabcd
06-21 02:55 PM
For my canada GC i calibrated my camera, took pictures of 3 of us with my 3 mega-pixel camera, and printed at walmart on 4x6 then cut 27 X 27mm, and it worked, i have canada GC. just make sure front face, white b/g, enough brightness. i would not risk it for my US GC though.
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sandeepk_c
06-11 11:37 PM
One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.
My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.
Let me know what you guys think of this.
Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.
Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.
My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.
Let me know what you guys think of this.
Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.
Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.
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WillIBLucky
11-17 10:47 AM
MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
The bill is passed by both the house now. All its needs is to reconsile by the commitee and its done for President's signature. This was priority for the President all the time since he announced in March 2006 in India. Ofsourse everthing needs lobbying. And IV, I think is doing its best in this regard.
I think we should stop responding to this thread and leave it as it is. I am Indian and I am happy for India that this deal is passed. Now lets concentrate on our major problem, "The Green Card". Hope you all understand that.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
The bill is passed by both the house now. All its needs is to reconsile by the commitee and its done for President's signature. This was priority for the President all the time since he announced in March 2006 in India. Ofsourse everthing needs lobbying. And IV, I think is doing its best in this regard.
I think we should stop responding to this thread and leave it as it is. I am Indian and I am happy for India that this deal is passed. Now lets concentrate on our major problem, "The Green Card". Hope you all understand that.
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capriol
09-17 08:11 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
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gc_seeker_ks
04-13 04:33 PM
This bill proposes H1B quota increase over next couple of years and exemption of advance degree holders from EB immigrant numbers. Helpful for sure if passed.
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Wewilldo
11-25 09:21 AM
Thanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
Hi Andy,
I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.
If you have time can we talk for seconds, 914-217-6925.
Thanks,
JAtin
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
Hi Andy,
I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.
If you have time can we talk for seconds, 914-217-6925.
Thanks,
JAtin
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venkat1247
10-29 03:26 PM
hi i got the some question how to open NRI acc
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LostInGCProcess
01-16 10:20 AM
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
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ramaonline
08-28 02:56 PM
For e-filed I131 this is all you need to mail:
Confirmation receipt which you got after submitting the application
copy of i485 Receipt notice
2 recent color photos
a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
current i94 copy
Confirmation receipt which you got after submitting the application
copy of i485 Receipt notice
2 recent color photos
a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
current i94 copy
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santb1975
09-23 09:20 PM
I am still waiting for the receipt numbers. Could take a couple more weeks
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trueguy
09-19 07:13 PM
US Govt don't have to worry about it because we don't qualify for UnEmployment Benefits anyways.
Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(
Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(
hairstyles el Milagro
saimrathi
08-17 11:18 AM
When things are all set..... I wonder when that will be.... Will it be after one gets RN... or GC.. or Citizenship...
I would have reported the doctor's mix up, but the staff at the clinic said that they didnt know they had to provide a supplimentary form.. as per them, the I-693 didnt say a suppli form had to be sent.. i didnt bother to check if what they were saying is true, becoz its not in our hands anyway.. hopefully it will only be a RFE.. and my lawyer did say they will send the new sealed envelopes to USCIS once they get the receipts..
That is unfortunate. I hope everything gets taken care for you and you get the receipts.
When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.
I would have reported the doctor's mix up, but the staff at the clinic said that they didnt know they had to provide a supplimentary form.. as per them, the I-693 didnt say a suppli form had to be sent.. i didnt bother to check if what they were saying is true, becoz its not in our hands anyway.. hopefully it will only be a RFE.. and my lawyer did say they will send the new sealed envelopes to USCIS once they get the receipts..
That is unfortunate. I hope everything gets taken care for you and you get the receipts.
When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.
simple1
09-09 03:48 PM
A while back, I saw a post saying PD substitution doesn’t work smoothly most of the time (sorry, I dont remember the site).
I also heard (from another person) that for association with I485; the substituted PERM/labor must have an approved I140 that is not revoked or (labor) reassigned (to some one else). Not sure when AC21 180 day clock starts( for immunity from revoked I140). from I485 or from substitution date ?
Not sure if it is true.
I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
I also heard (from another person) that for association with I485; the substituted PERM/labor must have an approved I140 that is not revoked or (labor) reassigned (to some one else). Not sure when AC21 180 day clock starts( for immunity from revoked I140). from I485 or from substitution date ?
Not sure if it is true.
I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
indigo10
10-25 02:32 PM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
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