nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
wallpaper Nicole Richie#39;s baby bump is
shx
09-27 11:11 PM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
lord_labaku
09-21 09:15 PM
If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?
2011 Nicole Richie and Joel Madden
ciber.couger
09-23 03:50 PM
I just got a soft LUD on both mine and my wife I-485 too.
I am EB3/ROW, I-140 approved on 09/01/2008,
My Priority Date: 27 Feb 2003
Hopfully it is a good news.
I am EB3/ROW, I-140 approved on 09/01/2008,
My Priority Date: 27 Feb 2003
Hopfully it is a good news.
more...
jungalee43
10-13 08:47 AM
This is an excellent piece of article and the comments are even better. Very good work Jaime.
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
Nikith77
04-09 11:52 AM
congrats, You got green. it was a long wait. I am happy for you.
more...
roseball
05-04 04:34 PM
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
2010 Nicole Richie
samrat_bhargava_vihari
02-08 09:06 AM
What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
more...
nogc_noproblem
04-09 05:25 PM
Please check this link
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=5461086851&p=2
Check the update provided by "abuddyz".
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=5461086851&p=2
Check the update provided by "abuddyz".
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
hair Nicole Richie At Pottery Barn
gcobsessed
10-23 01:21 PM
One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
more...
sthurumella
10-08 06:05 PM
oh man..how many days we have to see the same date...I hoped it will move up...waiting eagerly to see sep'06
hot Richie-Madden Children#39;s
quizzer
10-11 12:43 PM
Vic,
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
more...
house Joel Madden and Nicole Richie
LostInGCProcess
02-04 06:30 PM
thx vhd999,
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
tattoo Nicole Richie takes her kids
conchshell
07-28 10:55 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
more...
pictures Nicole Richie took her smiley
WaitingForMyGC
09-26 12:20 PM
What's the difference between a catfish and a lawyer?
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
dresses Angelina Jolie, Nicole Richie
regacct
12-20 08:26 AM
If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?
more...
makeup Nicole Richie
makemygc
07-11 12:37 PM
/\/\ Bump /\/\
I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.
I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.
girlfriend seems that Nicole Richie
brasil
07-29 09:32 PM
Brasil,
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don’t get my DL till then?
And you say “Not sure why you thought of it as being punished”
This is ridiculous
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don’t get my DL till then?
And you say “Not sure why you thought of it as being punished”
This is ridiculous
hairstyles Nicole Richie#39;s
gcnirvana
06-19 12:33 PM
...as long as the EAD renewal application is pending for more than 90 days.
Can people still get interim?
Can people still get interim?
JEESEE
05-11 01:29 PM
Thanks bkshres.
When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.
Will that make her ineligible for Applying for FAFSA?
Thanks
When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.
Will that make her ineligible for Applying for FAFSA?
Thanks
mmanurker
10-07 11:32 AM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).
so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:
only service center that is left out is California:D
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).
so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:
only service center that is left out is California:D
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