immidude
06-08 04:36 PM
I am July filer got 485 RFE
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
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pbojja
04-15 11:50 AM
Can you please update the status of your case ? As my 140 recently transfered to TSC . Also we see this trend for others .
We appreciate your response .
We appreciate your response .
vinnysuru
03-18 03:32 PM
Hello,
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
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jonty_11
06-25 05:35 PM
Didnt they just abolish labor substitution?????
more...
slc_ut
09-02 04:48 PM
I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
BECsufferer
09-28 01:13 PM
Two reasons why this will take long time;
1. Multiple languages spoken in EU. Outside England, everybody prefers conversation in their native language. This will be big barrier for english speaking asian community.
2. UK did this experiment and failed. A lot of Doc's left UK to US, Canada and Australia.
So I won't suggest anyone to venture into EU. US is still the best place for foriengers and immigrants.
1. Multiple languages spoken in EU. Outside England, everybody prefers conversation in their native language. This will be big barrier for english speaking asian community.
2. UK did this experiment and failed. A lot of Doc's left UK to US, Canada and Australia.
So I won't suggest anyone to venture into EU. US is still the best place for foriengers and immigrants.
more...
rtroy
10-09 04:49 PM
Hello,
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
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vss
10-27 01:20 PM
What is the cost (Application fee, lawyer fee�) of filing AC21 when we change employer after filing I-485? Anybody who paid this recently, please let me know.
Thanks
Thanks
more...
vikasgarg24
08-04 02:39 PM
You dont need to file 485 again. after i140 approval send a email to SC and they will include new I-140 and Labor in 485
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sudiptasarkar
04-23 11:50 AM
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
more...
buehler
03-01 01:15 PM
Hello Gurus,
I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?
Thanks,
neeidd,
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?
Thanks,
neeidd,
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
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ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
more...
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dpuranik
02-19 11:50 PM
How do I know which dates are currently available for H1B visa stamping?
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vvenkat007
09-19 08:53 PM
Hi Friends,
My brother is finishing his BDS in India this year. I am planning to bring him to US for the studies in USA. Could you please help me on what he needs to do to enter here and are there any hurdles. I am new to USA too so don't know much about the ways so trying to find out. All I heard is unlike engineering its difficult to come for medical studies to USA.
Thank you for your help and support.
My brother is finishing his BDS in India this year. I am planning to bring him to US for the studies in USA. Could you please help me on what he needs to do to enter here and are there any hurdles. I am new to USA too so don't know much about the ways so trying to find out. All I heard is unlike engineering its difficult to come for medical studies to USA.
Thank you for your help and support.
more...
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Dalai Lama
01-17 01:04 PM
Thank you all for your answers.
NOW, when can we file I-485, may be in Febraury 07.
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Dalai Lama from Tibbet.
NOW, when can we file I-485, may be in Febraury 07.
I miss Tibbet
Dalai Lama from Tibbet.
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abcka111
05-13 06:02 PM
My husband got a new job now. But the new company is taking a lot of time to send him an offer. The whole process of initiating LCA and H1B transfer will take a lot of time I guess. He has asked the new company to expedite, but they said thats the fastest they can go.
He has a couple of weeks in his current company. I am afraid that the H1B transfer might get filed only after his last day in the current company. Since he has already found a job, will the USCIS be considerate to understand that even though he has found another job, of no fault of his, he will be out of status?
What is the penalty for being out of status for few days?
He has a couple of weeks in his current company. I am afraid that the H1B transfer might get filed only after his last day in the current company. Since he has already found a job, will the USCIS be considerate to understand that even though he has found another job, of no fault of his, he will be out of status?
What is the penalty for being out of status for few days?
more...
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gconmymind
09-19 12:25 PM
Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.
Hopefully, the officer at the consulate wont ask and you wont have a problem.
Personally, I have my client's location as well as my company's location on my H1 LCA.
Hopefully, the officer at the consulate wont ask and you wont have a problem.
Personally, I have my client's location as well as my company's location on my H1 LCA.
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alterego
12-03 12:23 AM
Yeah but why LUDs on a Sunday?
Lots of weird stuff. Perhaps something automated.
Lots of weird stuff. Perhaps something automated.
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shishirv
07-10 12:27 PM
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
Ann Ruben
06-30 07:00 PM
Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.
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