
whoever
01-31 02:46 PM
how can one get copy of i140? does it not belong to the company?
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nixstor
08-24 04:14 PM
Did you consider the 20k cap for Masters students? If they can plan to graduate in summer instead of spring they can safely use all OPT and get H1B with out pain. I know many guys who didnt use all of OPT (used half of it) and landed on H1B to be in status. I agree with the loan situation you mentioned though.
I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.
B T W Are you the same guy who was looking for Pre approved labor on the other site.
I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.
B T W Are you the same guy who was looking for Pre approved labor on the other site.

mishras
05-14 09:13 AM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
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jonty_11
07-05 04:51 PM
Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
and u dont have to get h1 visa appt (unless u ahve already booked it)....if u have any VISA in passport that is expired....u can use auto reval...
assuming u have a VISA (expired) and didnt jump the fence.
and u dont have to get h1 visa appt (unless u ahve already booked it)....if u have any VISA in passport that is expired....u can use auto reval...
assuming u have a VISA (expired) and didnt jump the fence.
more...
vaishnavilakshmi
11-13 09:08 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
Hi,
As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!
Anyway wish u goodluck,
Please update ur post when u recieve the document mailed by USCIS,
thanks,
lakshmi
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
Hi,
As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!
Anyway wish u goodluck,
Please update ur post when u recieve the document mailed by USCIS,
thanks,
lakshmi

dan19
10-18 12:22 PM
One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.
My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.
Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.
The company then sent back the rebuttal stating the new efforts made.
The DOL then approved:) the case.
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.
Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.
The company then sent back the rebuttal stating the new efforts made.
The DOL then approved:) the case.
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
more...

martinvisalaw
01-06 05:42 PM
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
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sammyb
11-19 10:47 AM
did the whole NSC USCIS team when for TG turkey hunt :D... no update till now .. any info from anyone here...
more...

nayekal
08-18 05:12 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
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number30
04-23 06:44 PM
Do you have the kids who goes to School? If yes then Either Sugarland Or Katy area are usual choice. You have some apartments in Hwy 6 and 59 area. If you Work in downtown you can use park and ride from any of locations.
If you do not have kids you can get am apartment near your office So that you do not have spend time in traffic.
If you do not have kids you can get am apartment near your office So that you do not have spend time in traffic.
more...
browncow
05-20 09:43 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
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gc_chahiye
10-03 03:10 AM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
more...
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lost_in_migration
05-15 12:33 PM
Is there already a poll like this for EB3?
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Dhundhun
09-21 12:26 AM
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
more...
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shantak
03-18 06:45 PM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
As amit has suggested approaching Senators will do wonders (atleast for some)
How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
As amit has suggested approaching Senators will do wonders (atleast for some)
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PHANI_TAVVALA
12-02 10:08 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
more...
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alterego
05-07 07:17 PM
How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
A few question pop to mind here.
1) Has your 140 been approved?
2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.
3) When is your EAD valid until?
4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.
Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!
Good luck. Keep us posted.
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
A few question pop to mind here.
1) Has your 140 been approved?
2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.
3) When is your EAD valid until?
4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.
Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!
Good luck. Keep us posted.
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go_guy123
05-24 12:43 PM
People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.
Yes true ....its not easy to get into the ivory tower of tenured prof.
Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.
Yes true ....its not easy to get into the ivory tower of tenured prof.
Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.
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walking_dude
01-31 09:39 AM
A friendly reminder to all MI members. Write personalized E-mails to your newspapers. This may be our chance to make the lawmakers and the media aware of our issues.
Please participate in a campaign which is very important to all of us.
Please participate in a campaign which is very important to all of us.
titu1972
02-29 08:56 AM
Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.
gbof
09-30 09:37 PM
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
Donot get me wrong. I have no special love for aila or uscis. please, note, aila is talking about 100 million short fall and uscis plan to raise fees.........
Donot get me wrong. I have no special love for aila or uscis. please, note, aila is talking about 100 million short fall and uscis plan to raise fees.........
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