sparky_jones
03-13 10:21 PM
Hi Attorneys/Seniors,
Application Type:H1 Transfer(Premium Processing)
Processing Centre:VSC
FedEx Delivery Date:03/04/2010
Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.
Please help me regarding this.
Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
How soon we receive the receipt no in premium processing case.
Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
Please help me
Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
Application Type:H1 Transfer(Premium Processing)
Processing Centre:VSC
FedEx Delivery Date:03/04/2010
Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.
Please help me regarding this.
Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
How soon we receive the receipt no in premium processing case.
Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
Please help me
Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
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snathan
02-15 11:55 AM
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 ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
javadeveloper
10-21 10:54 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
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eb3_nepa
03-25 01:12 PM
Everyone seems to be giving 2 cents, lets contribute a lil more guys ;)
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sargon
11-16 05:07 PM
This is very clear. An I-485 can not be approved unless its PD is current. So all pending I-485's remain hanging till its PD becomes current. CIS may continue processing such hanging 485 applications in the background, but its final approval is always held back till its PD becomes current again.
Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.
Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.
cerers
08-08 10:47 PM
FAQ #2 - clarified that forms with “Y” designation means that prior version of the form will not be rejected.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the “N” designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the “Y” designation which means that prior version of the form will not be rejected.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the “N” designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the “Y” designation which means that prior version of the form will not be rejected.
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JuneBut2ndJuly
09-06 04:51 PM
my employer messed it up. originally filed on June 14th and application returned due to wrong check included and mailed again on June 29th .
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IN2US
03-05 06:37 PM
did anybody successfully accomplished revoking existing G-28 by company's attorney and self represented the pending I-485?? if so can you please post the details on letter format, whom to address the letter etc...
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
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ameerka_dream
05-06 03:52 PM
Guys,
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
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maddipati1
01-08 02:23 PM
i dont think u ever need to change the lastname.
may i know when do u think the lastname need to be changed?
may i know when do u think the lastname need to be changed?
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senthil1
05-31 10:52 PM
CTS is doing gc by EB1 for some people by L1A
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
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lc03
06-08 11:48 AM
hi,
Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.
Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.
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Macaca
01-28 09:03 AM
There is a pledge for $75 and recurring pledges in another forum.
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sshrika@gmail.com
10-15 10:17 PM
Hi mattresscoil,
<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
>>>>>>>>>>>>>>..
I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?
Thanks
<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
>>>>>>>>>>>>>>..
I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?
Thanks
more...
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sunny1000
05-15 01:55 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
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roseball
03-31 11:01 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
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GCaspirations
10-04 10:53 PM
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
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gc_bucs
03-25 01:10 PM
Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
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same_old_guy
04-13 04:22 PM
Just saw it in AILA site :
http://aila.org/content/default.aspx?docid=22101
Is this same as Skill Bill with a new name ?
http://aila.org/content/default.aspx?docid=22101
Is this same as Skill Bill with a new name ?
nat23
10-29 02:57 PM
I would wait to see the text of the Bill before coming to any conclusion.
anandrajesh
12-07 03:37 PM
Answers to the best of my knowledge. Read my Disclaimer at the end...
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
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