Saturday, June 11, 2011

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  • immi_enthu
    08-28 10:14 AM
    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you

    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    please see the above quote by kaiserose





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  • sri_chicago
    05-14 06:33 PM
    Hi--

    Priority Date : Feb 2006/EB3
    I-140 Approved on Sept 2006
    I-485 filed on 07/02/2007
    Spouse I-485 online status changed to requested additional evidence on May 01,2009.
    As of now either me or my attorney not received RFE letter.

    Please advice how to solve this.





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  • new2perm
    05-28 03:28 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.





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  • sw33t
    05-31 11:47 AM
    /\/\/\/\



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  • desi3933
    03-01 10:38 PM
    Hi,

    I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.

    RFE is

    All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.

    I came to US on 2006 feb, the attorney is submitting my W2s on Monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.

    As my 2006 W2 is not good , does it effect my H1B transfer.

    Please let me know your thoughts.

    Thanks

    When was your last entry into the US on H1-B visa? You need to prove that you are maintaining status since last entry only.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.



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  • skd
    07-08 11:14 PM
    Even I feel very selfish to go ask for their help for a set of relatively well to do, when we know we don't pay taxes in "motherland" Most of us graduated on Goverment Money and not giving anything back.





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  • jnayar2006
    03-27 05:40 PM
    nsnriv,

    The idea of the IV forums is to discuss our agenda, and activities.

    Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.

    Good luck,
    Berkeleybee

    Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).

    vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.



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  • ganguteli
    07-07 11:58 AM
    Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
    Unless these people support, people who are in the labor pending stage will not get enough members to help them out.





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  • karthkc
    05-24 12:38 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate



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  • xbohdpukc
    03-15 05:17 PM
    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.

    As per Adjudicator's Field Manual:

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

    The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.

    You can always hope for the best and get ready for the worst.





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  • highertruth
    07-30 04:01 PM
    YouTube - AAH - AAJA RE AB MERA DIL PUKARA (http://www.youtube.com/watch?v=eW2J7zLZwLU)

    This is fun. Lets vote the best entry.



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  • gauravsh
    04-28 08:57 AM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)





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  • calaway42
    10-04 01:31 AM
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  • chanduv23
    11-06 09:36 PM
    A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community





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  • X-Wing
    05-15 04:33 PM
    To Bindas74,

    Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

    On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

    Thanks,



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  • bobbydalal
    08-24 12:05 PM
    Hi i just wanna clarify one thing. Ur date is far from being current and they already called u for ur interview is that rite.





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  • indianabacklog
    06-27 08:37 AM
    Dependents do not have an A#. Only the principal applicant. You leave this box blank for the H4 holders application.





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  • mattresscoil
    10-18 08:48 AM
    My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
    Interview letter says bring following documents:

    All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.

    I have few questions on this:

    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
    separate or can we go at the same time?
    2. Do I need to carry employer tax returns also?
    3. Do I need to carry affidavit of support for my wife?
    4. Are there any documents that I need to carry apart from mentioned in the above list?

    Also if you have attended interview in San Jose field office, please share your experience.

    Thanks.
    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.

    2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.

    3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.

    4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.

    Good luck and let the group know what happens.
    Thanks, Mattresscoil!!





    prince40
    04-16 01:07 PM
    one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.

    did he get it this morning??





    Jerrome
    05-21 12:42 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?

    No you have to send AC21 with new EVL.



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