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  • roseball
    10-26 04:42 AM
    Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....





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  • gc03
    09-07 02:09 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC





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  • thomachan72
    12-16 03:51 PM
    it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.





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  • sbabunle
    08-24 06:41 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.



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  • vmetla
    09-01 02:09 PM
    was it EB2 or EB3

    Mine was under EB3.





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  • ivar
    01-21 03:57 PM
    What an irony, these guys will not let us file nor to withdraw, :mad:

    gcdreamer05,

    Thanks your comment made me smile. :) I wish there were processing dates for PERM withdrawals and PERM appeals.



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  • austingc
    07-30 11:37 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.





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  • pthoko
    08-03 01:06 PM
    Yes



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  • ajay
    03-23 02:46 PM
    If your employer is a 'good' person s/he might be of help to you in this regard. LLC also may be an option that you can try with. Let others also explore some possibilities for you.


    Good Luck in your website.





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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.



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  • go_guy123
    02-15 01:20 PM
    If each state in India were a country

    There would have been no backlog.

    That is hypothetical thinking, talking from a** etc and a waste of time but yes ROW backlog would have increased instead.





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  • chanduv23
    09-17 12:46 PM
    That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.

    Come on Andy - I am looking forward to see you in DC



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  • go_guy123
    02-15 01:20 PM
    If each state in India were a country

    There would have been no backlog.

    That is hypothetical thinking, talking from a** etc and a waste of time but yes ROW backlog would have increased instead.





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  • traveldoc
    09-24 08:14 AM
    Good to know no issues Dude.



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  • logiclife
    06-20 01:58 PM
    UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.





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  • danu2007
    07-14 12:43 AM
    It will update on a daily basis..So please keep posting your signatures



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  • h1denied
    03-16 08:17 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!





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  • meridiani.planum
    07-18 10:37 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!

    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)





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  • krishmunn
    02-15 10:58 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?





    Dingdong
    02-27 10:34 PM
    You can get your FICA taxes back for the period you were on F1. I did the same several years ago. You will need to search the IRS website for the right refund form. Make sure you were NOT already having less taxes withheld when you were on F1.





    vparam
    10-05 10:25 AM
    Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.

    She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?

    So, here's the timeline:

    June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
    Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
    Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
    Apr, 2007 - Both me and my wife got our EAD and AP approved
    July, 2007 - I got my 140 approved

    Currently - waiting on our I-485

    Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?

    Thanks a lot.
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...



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