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Cheetah5

01-28 12:03 AM

Hi,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.

Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..

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Leo07

10-17 02:19 PM

Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.

I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.

Do you want me to take other legal opinions as well? ( application is already mailed)

Do you absolutely need to file a new I140?

Have you sought other outside legal opinions on this matter?

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anandksingh

04-30 10:28 AM

Just made my contribution.

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pthoko

08-03 10:02 AM

Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.

There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.

Is it a given that USCIS will find this issue?

I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.

I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.

Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??

Greatly Appreciate any reply.

Thanks!

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vactorboy29

02-19 06:01 PM

Vivek Dude, I don't know about that...

After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...

For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...

AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.

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chanduy9

11-28 10:49 AM

We had one LUD on 1-485 after FP, then on I-140 there are three LUDs, I dont know why. LUD Dates are 11/4, 11/21 and 11/23, there is no LUD on I-485 and my I-140 approved last year. Why they are touching already approved case this many times.

Thanks,
Chandra.

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veni001

09-10 05:50 PM

Hi javans,

I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

I have myself not done it, but I have met few people in the past who did that.

And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

Hope it helps.

Good luck!

You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!

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prout02

11-26 01:14 PM

I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

Hi,

My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

What is my way out of this?

I would be highly obliged if anyone can provide any help on this matter.

Regards
Chint001

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rkg000

05-13 09:10 PM

This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.

When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.

Usually there could be about a month's delay between your GCs.

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gcformeornot

01-12 09:52 AM

lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:

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realizeit

10-19 02:21 PM

Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

Best,

If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

Talk to your HR regarding the different options.

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bbenhill

10-12 07:55 PM

Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

please advice ...



Please ask an attorney.

why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.

I advice you to consult a good attorney.

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maddunr

10-19 11:57 AM

Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

Have others gone through such an experience? Am I a source of residual income for his office?

Thanks in advance,
V

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pointlesswait

10-09 12:31 PM

is there anyone who has shifted from a regular prcessing to consular processing???

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DSLStart

10-19 07:54 PM

POE officers sometime give hard time while entering. They want documentary proof of urgency why one left country while pending 485 and why outside for longer period. Search some threads here for POE officer's harrasing AP holders.

i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

gurus, any input please.

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Dhundhun

03-31 02:10 PM

I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

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outlook2

07-18 09:42 PM

They have not done any rejection yet. As per the recorded conference ( legal experts in the immigration ) they will accept all the application

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GreenCard4US

03-20 04:57 PM

http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009

Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

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dressking

09-29 11:47 AM

Immigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!

A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)

I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!

I am sorry to offend some of you by bringing up this subject again. But I think we are just asking for acknowledgement for the contribution we have made when we were attending graduate programs in the US. It was a lot of over time and hard work with literally no payment other than money for room and board. Some may get their names attached to the paper that is published and get their Green Cards quicker for that. But some don't.

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scubadude

May 25th, 2005, 06:47 PM

Thanks for your replies. I'll see what I can do to improve.

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pa_arora

09-21 06:44 PM

Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

Cheers!

Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.

SO keep sailing in the boat with everybody.... ;-|

-p

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