dhirajs98
01-13 09:51 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
RDB
09-02 11:09 PM
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
n_2006
07-16 10:52 AM
If look at you at Pappu's announcement, it is certian that core team knows what fix is going to be. And he let members to guess and speculate.
This GC became more like lottery. I sent my documents to lawyer on Jun 25th and he did not file on 2nd and now he is asking me whether to file or not. If my lawyer and employer are that cooperative, I do not need to waste my time on this forum.
well said..
This GC became more like lottery. I sent my documents to lawyer on Jun 25th and he did not file on 2nd and now he is asking me whether to file or not. If my lawyer and employer are that cooperative, I do not need to waste my time on this forum.
well said..
ksrk
09-22 07:49 PM
We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)
Hi senk1s,
When did you make this travel over air?
I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).
Hi senk1s,
When did you make this travel over air?
I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).
more...
webm
02-24 03:10 PM
In 2-3 weeks span..
MDix
03-05 05:10 PM
Please see my reply in red.
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
more...
bestia
07-17 03:12 AM
Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
srkamath
10-15 02:58 PM
If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
more...
needhelp!
01-18 04:46 PM
makes sense to me..
trig1
01-15 03:14 PM
Are ovals allowed? I can probably guess the answer to this, but just wanted to double check before I made my entry.
more...
chaukas
04-23 12:50 AM
The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
was received on July 2 , 2007 and is not approved yet.
was received on July 2 , 2007 and is not approved yet.
starseed
07-21 05:12 PM
Update - and I apologize if this is lengthy, but if any small part of it is helpful to someone else, I won't edit details.
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.
[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]
Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?
Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....
p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.
Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.
[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]
Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?
Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....
p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.
Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......
more...
gsc999
09-10 01:33 AM
It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
more...
GCanyMinute
08-23 08:34 AM
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
You guys were right!!! :)
I took a look at my I-140 and thank God yes the PD is over there!!
I guess i'll really get the GC Any minute :D !!!
Thanks a lot guys and good luck for you all.
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
You guys were right!!! :)
I took a look at my I-140 and thank God yes the PD is over there!!
I guess i'll really get the GC Any minute :D !!!
Thanks a lot guys and good luck for you all.
wandmaker
07-06 11:47 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.
Thanks.
It does not matter, as long as your AP is valid, you can use it enter US.
Thanks.
It does not matter, as long as your AP is valid, you can use it enter US.
more...
chanduv23
09-22 10:00 AM
Small companies will do this. If it is a big company with HR and payroll departments not being micro managed by the employer - then you won't face these problems.
cooldude
08-03 10:32 PM
What about I-131. That is 7/1/2007. Its confusing
mhtanim
07-03 02:03 PM
I am sorry for what you are going through.
What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!
What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!
doubleyou
05-19 01:30 PM
Hi Did anybody else get response as background check and what is there experience
ilanbenatar
04-25 07:21 PM
Thanks Domino,
I'll do my best and cross finguers.
Good luck to you!
I'll do my best and cross finguers.
Good luck to you!
