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wandmaker

11-06 11:39 AM

Hi All,

Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

3. How long I can continue with future employment in the GC process?

4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

All the best!!!

-
Regards
Ajaykumar

#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.

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sidd

04-22 11:00 PM

My regular extension was approved in 1 week. I don't see any problem with genuine extensions.

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stones

06-30 10:14 PM

RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?

Here are the details for my case

* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B

Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.

Thank You, Please let me know if you have any questions.

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MightyIndian

11-05 11:08 AM

He is the ex-chief minister of Andhra pradesh, a state in India of which Hyderabad is the Capital. As for CBN's agenda, he is too concerned about his chances of getting re-elected to worry about other things. My take.

Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.

Now we see his reforms being applauded everwhere.

MI

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bskrishna

02-11 10:54 AM

The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.

So i guess there are about 100K duplicate and invalid applications.

In a way our community contributes to our own downfall...

Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.

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rally

07-12 11:35 AM

Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf


I think this is a really good idea. Can we pursue this to completion?

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averagedesi

09-22 09:33 AM

I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

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manjunathpv

09-21 01:11 PM

Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.

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geniousatwork

08-14 01:22 PM

Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.

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spicy_guy

08-05 01:54 PM

I think he should consider awarding citizenship to LONG waiting GC applicants. :D

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fide_champ

04-09 08:17 AM

My labour was filed in RIR on March 2005 and got approved on August 2006.

The employer filed for a I-140 in November 2006.

But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

QUESTION:

1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

Adding salt to the wound I have one more situation here.

I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

Is there any Same Day passport service at SFO Indian Consulate?

Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

Please GURU's I am eagerly waiting for some +tive notes.

Thanks

Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

WHat happened to your first I140?

You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.

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gparr

September 7th, 2006, 08:05 AM

Jeff,
If your "hunk of junk" tripod wiggles, try using a remote release and/or use the timer to trip the shutter. "Hunk of junk" tripods that wiggle can also be stabilized by hanging a weight from the center column. A weight can be as simple as a small bag of sand or rocks.
Gary

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kaisersose

07-26 11:14 AM

I havenot received the I-485 receipt yet , is it mandatory?

I would think so. Better to wait for a couple of weeks and apply for your EAD along with the 485 receipt.

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waiting_4_gc

07-30 05:44 PM

It seems that USCIS posted new versions of I765 dated (07/30/2007)N.
Looks like it is a required form and older versions are not accepted....!!!!!
:mad: :mad: :mad: :mad:

Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms

Filing Fee :
$340
Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

USCIS has already issued a press release about this but they didnt upload the older version.

http://www.uscis.gov/files/pressrelease/Update_eFiling073007.pdf

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ItIsNotFunny

11-05 05:40 PM

After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

It is defintely not going to happen in the near future.....

So even finding a pattern may not help as its not going to be current for all for EB3 atleast.

I don't think it will become current for atleast couple of years.

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factoryman

06-19 12:57 PM

Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


Here it is:

Sample Affidavit of Birth for Parents

AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

We married on [date of marriage] in the city of [name of city], [country].

We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

b. [list all of the other children, if applicable].


[Child's First Name] [Child's Last Name] was born in [name of city], [country].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature

Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.




Sample Affidavit of Birth for Close Relative



AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

That I have known the applicant since [month/year].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature



Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.





Here is another version:
SAMPLE AFFIDAVIT OF BIRTH

Preliminary Instructions:

-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.


AFFIDAVIT OF __________________ (Affiant's Name)


I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

Dated: ________________________
__________________________________
(Affiant's Name)

Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

______________________________
Certifying Official/Notary Public



NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

Thanks.

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uma001

10-16 09:44 AM

Hi mattresscoil,

<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

>>>>>>>>>>>>>>..

I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?

Thanks

What do you mean by good consulting company? Good consulting companies never care about H1 employees. Deloitte,accenture,IBM,Fujitsu, Cap Gemini all are good consulting companies.They place you in good projects,pay well but do not gaurantee about green card filing . Even if they promise you cant trust them. According to me, As long as you can find projects by yourself any consulting company who has good financials is a good consulting company and they will file your green card immediately. If they have good vendor contacts it will be a plus.

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go_guy123

08-18 12:51 PM

Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..

Thanks for all the responses to my thread so far..

WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).

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mantagon

01-14 09:40 AM

I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

Hope this helps...

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bigboy007

11-21 02:07 AM

You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info

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forgerator

03-22 01:17 PM

very sad. I hope they take swift action against the culprit and put her in jail.

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