ttdam
11-04 01:52 PM
Hi
I got soft LUD on my I-140 today (11/04)
My I-140 was approved few weeks ago @ TSC
Any clue what this soft LUD might be related to ?
==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
No Finger Prints
I got soft LUD on my I-140 today (11/04)
My I-140 was approved few weeks ago @ TSC
Any clue what this soft LUD might be related to ?
==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
No Finger Prints
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nvmurali
06-02 02:49 PM
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
dask
12-09 03:42 PM
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Sent u a private mail
Sent u a private mail
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lazycis
10-11 02:49 PM
If H1/ H4 is still valid, you can revalidate H1/H4 if you leave the country, get a new visa and re-enter. S/he needs to do that no later than 180 days after I-485 denial. S/he is out of status starting from the denial of I-485.
more...
lelica32
04-16 12:56 PM
Is it B1 or B2 visa ?
Even with a B visa you cannot work without permision from DHS.
Even with a B visa you cannot work without permision from DHS.
lost_in_migration
09-20 10:04 AM
Good find. This reporter was successful in differentiating between high skilled legal immigrants and the low skilled illegals!! Our rally is bearing fruits as far as educating people about our problems is concerned
NPRs market place full article can be found here
http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/
NPRs market place full article can be found here
http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/
more...
sertasheep
08-03 10:01 PM
If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)
Thoughts]?
Thoughts]?
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perm2gc
12-26 11:46 AM
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank You for joining IV.SKIL bill may not be for you but the provisions in the SKIL bill has lot of benefits that will indirectly benefit you.IV is not organization for 4year degree or Nyear degree but for all.
As you might be aware that you will be filing the your case under EB3 and we have many members with your scenario (including educational qualifications)So by being an active member on IV,you will have access to information that is hard to find.
If you go through the IV agenda,if you will know more about the bills IV is pursuing.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank You for joining IV.SKIL bill may not be for you but the provisions in the SKIL bill has lot of benefits that will indirectly benefit you.IV is not organization for 4year degree or Nyear degree but for all.
As you might be aware that you will be filing the your case under EB3 and we have many members with your scenario (including educational qualifications)So by being an active member on IV,you will have access to information that is hard to find.
If you go through the IV agenda,if you will know more about the bills IV is pursuing.
more...
H1B-GC
05-14 04:36 PM
Back in late 2004 there were no. of EB3 GC's getting approved after a Long wait of 2-3 yrs of filing I-485's.Then All of a sudden towards the EOY the retrogression kicked in for EB3's. Might be coincidence but all the Depts. work in Tandem and they might know all the Inside information..
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chintu25
01-15 11:01 PM
http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:
NICE
NICE
more...
dsneyog
11-24 10:16 AM
Can I e-file? I read that if my I-485 application is pending and I am applying for AP separately and for the first time, then I can not e-file?
I thought e-filing is for renewals only?
Thanks to you both for providing list of docs.
I thought e-filing is for renewals only?
Thanks to you both for providing list of docs.
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Pankaj
08-15 01:24 PM
My understanding is:
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
more...
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mdipi
10-21 04:35 PM
but like how did you make them? in flash?and did u just tween them?
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Immigstories
01-15 09:18 AM
Gurus...please help me!!
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
more...
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cinqsit
11-24 06:07 PM
I have seen people get a copy of their approved I-140 using FOIA Freedom of Information Act Request, where the employer was giving them a hard time and not sharing their I-140 info. So there are ways you can get a copy of the approved I-140 provided of course everything is in order. (previous poster has also posted information of getting duplicate I-140)
This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)
Also you mention
"In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."
Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.
You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
a good immigration lawyer.
Good luck!
This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)
Also you mention
"In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."
Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.
You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
a good immigration lawyer.
Good luck!
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natrajs
09-01 06:10 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
more...
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NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
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wandmaker
10-20 04:36 PM
I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?
What did your lawyer say?
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
it is up to you decide, which side of the double edged sword you want to hold onto.
What did your lawyer say?
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
it is up to you decide, which side of the double edged sword you want to hold onto.
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shishya
04-30 11:13 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
helpfriends
04-15 11:55 AM
It's not for me(thank goodness!). I was just curious - someone else I know has done this.
mmanurker
10-20 12:25 PM
Filed in March'07 @ NSC and still pending...only one soft LUD since then...
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