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REQUIRE_GC

07-12 10:47 AM

Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.

I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time

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OLDMONK

06-15 03:13 PM

I believe it is the number which is assigned to you when your I-140 is approved. It is mentioned on your I -140 approval notice. and it is used to fill your AR-11 form

Thanks, thats what I thought too. So in that case I am the only one who has that (not dependents) so their forms would be marked as "None".

Google Search Results as follows:
An Alien Registration Number or A# is an eight or nine digit number that is assigned to foreign nationals by the United States Bureau of Citizenship & Immigration Services. Foreign nationals who apply for visas without a U.S. relative or employer petition may not have an A#. Most immigrations forms request the A# number. If you do not have an A# just leave this field blank.

Upon submission of a petition to the USCIS you will be assigned an A#. You can find your A# on the USCIS filing receipt you will receive after the USCIS receives and processes you petition.

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jayleno

08-05 09:24 AM

Hmm....and you think the world is Crazy? Interesting stuff ..bud.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

Thanks,

India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;

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gjoe

08-20 08:44 PM

:)

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krishna_2001

01-13 07:19 PM

Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.

1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??

Your help is really appreicated to come out of the situation

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jsb

12-16 09:10 AM

Any of got approved based on this memo ?

I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.

Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.

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karl65

10-27 08:46 AM

I got the same response about AP (same RD), approved Oct 17, not received yet.

Please let us know if you receive it. Good luck.

My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.


Good Luck:):):)

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Prashanthi

09-08 03:36 PM

My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

Any comments/ assistance would be most appreciated.

Thanks

I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.

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gk_2000

08-29 01:25 AM

Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg

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purplehazea

05-11 04:36 PM

http://www.npr.org/templates/story/story.php?storyId=5398818

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gckalafda

08-04 11:33 AM

My EB3 I-140 is pending and got RFE at NSC since 1st Jan 2007 and later moved Texas, I don't know wether this thred belongs to same or not. I have a PD of Dec 2003, :mad:

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sportsguy131

07-31 05:07 PM

Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

Maybe I am misunderstanding your question. If so please ignore the above.

If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.

Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....

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fromnaija

04-05 05:08 PM

I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.

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k_usa

12-16 10:52 AM

I got mine renewed in July'08 based on EAD in Lodi, NJ (Bergen county).
They renewed until EAD expiry date + 3 months.

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FinalGC

04-28 09:00 AM

That is encouraging news, after heari ng all bad news of people getting stopped and being sent back........

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walking_dude

03-03 05:23 PM

Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.

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prinive

03-28 08:35 PM

Any one else ....:o

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08-06 12:54 PM

looks interesting.

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cal97

08-15 08:01 PM

I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.

This is what I know can be done:

1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.

2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.

3. File for I-140 and after approval file for CP.

I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.

Hope this helps.

HI!

I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

Regards,

USA2007

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gc28262

07-31 02:14 PM

Thank you for your prompt response

1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

2.Can New Jersy laws applicable in India to send a legal notice to me?

I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

Pls answer the above 3 questions.

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mansour

03-06 08:30 PM

i voted for paddy duke :thumb:
i can understand the concept, but i still didn't like the bottom part of mlkdave's site.

btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)

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