Circus123
10-26 03:48 PM
Can the attorney file an I140 for a candidate while the candidate is out of USA? Or does the candidate have to be physically present for the I140 to be filed. In addition does the candidate need to be here for the entire processing time for I140 or can he go on vacation ?
This question is pretty urgent :)
Thanks in advance
This question is pretty urgent :)
Thanks in advance
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Engineer1111
05-19 04:45 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
ho_gaya_kaya_?
11-27 10:08 PM
I hope you have good lawyer on your case
We had a similar situation
My wifes app got separated from mine
since we had used a single check- my app was returned (the fees was double the amount!!!)
After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.
But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
and he used to exchange emails with the supervisor's office on this
Is his PD current ?
If yes- then you should be fine.
If not- then it gets kinda tricky- though not too much
You have to prove that your app was lost and you are reconstructing the case
Keep in mind that that you will probably have to withdraw your app and refile with him
And that sooner or later- your husband's original app is going to show up
And at that time - you will have two active apps- but nothing that cant be sorted out...
We had a similar situation
My wifes app got separated from mine
since we had used a single check- my app was returned (the fees was double the amount!!!)
After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.
But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
and he used to exchange emails with the supervisor's office on this
Is his PD current ?
If yes- then you should be fine.
If not- then it gets kinda tricky- though not too much
You have to prove that your app was lost and you are reconstructing the case
Keep in mind that that you will probably have to withdraw your app and refile with him
And that sooner or later- your husband's original app is going to show up
And at that time - you will have two active apps- but nothing that cant be sorted out...
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regacct
05-17 09:30 AM
Took the survey, but what is the purpose of this?
more...
averagedesi
06-20 05:20 PM
From what I understand the author means coud be mid July of 2007, note the words .. WITHOUT PRIOR NOTICE
meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
more...
srikanth003
02-28 10:47 AM
Thanks for your time and consideration. I was of the same opinion till now. But getting a little flustered lately, since my I-94 end date is 10-Jun-2011. I could not check back with my employer if they would be doing a premium one. Because once I raise any such queries, they might start the process now itself to avoid last minute submissions. Since there would be questions from them on why did I delay till now etc :(
Thats the fix I am in now.
Thats the fix I am in now.
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gc28262
02-13 07:43 AM
FOIA should be the route.
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
more...
jai_immigration
09-24 10:06 AM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
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bushman06
12-30 09:48 PM
Since Sept 27 it has been oral arguments, if any thing ever comes out of this I am sure it will be posted all over.
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Home - �国三类职业移民法律信托基金 (http://www.eb3chinese.org)
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Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
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IWannaBeHowdy
11-14 10:52 AM
Hello everyone,
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
more...
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gvenkat
10-10 04:02 PM
Isnt that stupid.. I'm baffled at their brilliance? why cant they issue a reciept notice there it self.. :eek:
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suavesandeep
10-02 02:00 PM
Milind,
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
more...
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karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
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sympa21
05-16 08:34 PM
Hi there,
Besides my lawyer. When I went to Info Pass they told me the same thing I can't file for the I485 untill the I130 is approved because I was in removal proceedings when we got married. Info pass also said that I130 in removal proceedings is handeled differenty. I don't have a work permit or social yet since i can't file for I485.
thanks for the reply
Besides my lawyer. When I went to Info Pass they told me the same thing I can't file for the I485 untill the I130 is approved because I was in removal proceedings when we got married. Info pass also said that I130 in removal proceedings is handeled differenty. I don't have a work permit or social yet since i can't file for I485.
thanks for the reply
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gemini23
08-07 04:13 PM
She was detained for five hours but not strip searched. Understandably she was upset by it."
Wow. She was upset because she was not strip searched? :D
Wow. She was upset because she was not strip searched? :D
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brij523
03-02 06:10 AM
If the company has processed your H1-B and they have fired you. Probably you are entitled for return fare to your home country. Because somewhere under some clause of H1B application, company has to sign that they will give return ticket to employee when the work is done. Please do some home work. Go to USCIS site and look for details needed to file H1-B application. Or if you have your H1 paperwork, look into it. You will stumble on something.
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sts_seeker
06-14 06:41 PM
Does the first I-140 denial has any impact on the second I-140 I am filing?IF so how is that???
rajeshalex
08-26 12:40 PM
this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
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August 6th, 2004, 09:34 AM
This was a complete and total screw up on my part (I forgot my flash was on) but after looking at it for a while....I kind of like it. Somehow, it works (to me anyway)...I should inform you that a few people I've shown this to from school think I'm either crazy or possibly going blind because I like it.
What say the peanut gallery?
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What say the peanut gallery?
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