rtroy
10-09 04:49 PM
Hello,
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
DrRobot
06-28 06:44 PM
Nevermind, i have it figured out. i should've just made the Array a bool[,] (i did, thats how it was fixed).
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pcsim6770
12-16 09:51 AM
Hello,
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
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fcres
06-29 04:00 PM
I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA
lahiribaba
02-12 01:58 AM
why the hell you care? if you dont need it you can ask uscis to transfer it to my name ;)
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vss
10-27 02:39 PM
Thanks I_need_GC
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vikki76
04-04 12:52 PM
ImmigrationVoice was exceeding character limits for handle
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jaggubhai
08-12 10:35 PM
1. Did you also enter on H1b and then switched using EAD?
---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
---Yes. I have I-485 Pending on Current Status
---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.
2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?
---Yes. I have I-485 Pending on Current Status
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indigo10
10-14 01:35 AM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
In short, Your place in line is not changed but the process must start from beginning.
The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
In short, Your place in line is not changed but the process must start from beginning.
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zico123
06-22 06:22 PM
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
I have never heard of such a law. Contact attorney for clarification.
I have never heard of such a law. Contact attorney for clarification.
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ashutosa
07-31 11:59 PM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
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Green_Print
07-20 01:56 PM
;) Yes my friend, you can change your jobs after 6 months of filing I-485 with I-140 approved.
Can I change my job after 6 months of applying I485 with valid EAD?
I have EB2 I140 approved.
I-485 applied this July.
Thank you.
Can I change my job after 6 months of applying I485 with valid EAD?
I have EB2 I140 approved.
I-485 applied this July.
Thank you.
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mg_chase
01-11 12:19 PM
Been there. Done That. U should be just fine. Pls remember to contribute to IV.
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cooler
02-24 12:51 PM
Haitians might be eligible for TPS (Temporary protected status) because of the recent earth quake. Not sure if this applies for people already in USA or not.
Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
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4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
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wandmaker
10-25 11:10 PM
All,
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
She will not have any issues in entering as long as her 485 is pending. Make sure, she gets back before the AP expires.
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
She will not have any issues in entering as long as her 485 is pending. Make sure, she gets back before the AP expires.
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illinois_alum
11-01 02:59 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
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anoop4real
11-23 10:13 AM
Anoop - dont worry about it and ask your company to reapply with a stronger educational valuation. Everything depends on the educational valuation report submitted along with the application.
Request for a stronger educational evaluation and request them to reapply.
Thanks for the reply,
My visa petition went to RFE first and when I enquired my employer they said that the consulate asked for education evaluation report and they have send it, but they didnt show me what they have send and unfortunately this years quota seem to be over, I have to wait for some more time :-(
-Anoop
Request for a stronger educational evaluation and request them to reapply.
Thanks for the reply,
My visa petition went to RFE first and when I enquired my employer they said that the consulate asked for education evaluation report and they have send it, but they didnt show me what they have send and unfortunately this years quota seem to be over, I have to wait for some more time :-(
-Anoop
golgappas
06-23 09:46 AM
Try Naresh Gehi - 7182635999
He is based in Queens - easily accessible from Manhattan too
He is based in Queens - easily accessible from Manhattan too
rag_1970
11-10 08:51 AM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
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