pappu
09-01 09:52 AM
You need to connect with company A and get your documents to prove 2 year experience.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
wallpaper Letter+envelope+format+
Immigstories
01-17 07:17 PM
Thank you both for sharing your thoughts...
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
bestia
11-09 02:18 AM
Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
He is yet to apply for my PERM.
...
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
He is yet to apply for my PERM.
...
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
2011 +letter+envelope+format
kiru_99
10-30 12:47 PM
Hi,
Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.
Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.
more...
chetanjumani
03-14 02:35 PM
And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.
sundarpn
11-17 11:33 PM
Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
more...
msgoud
03-07 10:05 PM
my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
2010 +letter+envelope+format
alterego
09-15 02:12 PM
On the other hand, I think something else might happen unless things change quickly.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
more...
GCwaitforever
04-11 11:47 AM
Congratulations on getting GC. You are out of this hellhole.
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needhelp!
02-15 02:09 PM
Good work Pooja!
more...
jthomas
01-14 12:51 PM
i had been to SBA and the free seminars for entrepreneurs conducted by them. They hold one-one meetings and try to know what you exactly want to do and tell you how to proceed. It is an goverment organization with volunteers who are reteired high ranking officers from different field. They gave me brochures and booklets and told me to write a business plan. Anyway, you can google SBA and find the nearest local office and ask them for a appointment.
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martinvisalaw
07-20 02:05 PM
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer. Will this affect anyhow on my chances of approval of my AOS?
You cannot be in H-4 status and work, even with an EAD. Either you have H-4 status and don't work, or you work on the EAD. H-4 status does not allow for work, even with an EAD. If the employer won't extend your H-1B, you just ned to make sure that you always have a valid EAD and an Advance parole so you can travel.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer. Will this affect anyhow on my chances of approval of my AOS?
You cannot be in H-4 status and work, even with an EAD. Either you have H-4 status and don't work, or you work on the EAD. H-4 status does not allow for work, even with an EAD. If the employer won't extend your H-1B, you just ned to make sure that you always have a valid EAD and an Advance parole so you can travel.
more...
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rockstart
01-15 12:54 PM
I got mine in 3 months non premium processing for H1 extension (1st 3 years over so applied for second three years) same employer, same profile. So basically the most straight application you can put.
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pappu
08-14 02:36 PM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
evaluate your pros and cons based on your own unique situations.
the BEC uses old generous rules to process applications. thus chances of success are better
perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.
you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.
bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.
in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.
thus priority dates are more important. make sure any decision you take maintains your old date.
evaluate your pros and cons based on your own unique situations.
the BEC uses old generous rules to process applications. thus chances of success are better
perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.
you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.
bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.
in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.
thus priority dates are more important. make sure any decision you take maintains your old date.
more...
pictures LETTER ENVELOPE ADDRESS FORMAT
koti
10-28 01:52 AM
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
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canmt
10-26 11:00 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
more...
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REQUIRE_GC
09-18 01:33 AM
talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.
I have received RFE for very similiar situation. I entered through Niagara Falls
from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.
My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)
I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
Would this be a big issue? or It is a routine RFE?
GURUS ANY THOUGHTS?
I have received RFE for very similiar situation. I entered through Niagara Falls
from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.
My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)
I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
Would this be a big issue? or It is a routine RFE?
GURUS ANY THOUGHTS?
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coopheal
04-23 09:12 PM
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
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beautifulMind
10-08 01:01 PM
Anybody else know more on this topic
Thanks
Thanks
Roger Binny
10-15 06:47 PM
My case is also similar.
Applied labor in 2002 under Eb3 category
I-140 approved in 2006.
Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.
Applied I-485 in 2007 using eb3 labor and I-140.
As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.
Ekkati
Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.
Applied labor in 2002 under Eb3 category
I-140 approved in 2006.
Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.
Applied I-485 in 2007 using eb3 labor and I-140.
As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.
Ekkati
Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.
vips63
09-23 04:02 PM
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
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