ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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rsdang
08-19 10:44 AM
However I would not like to see socialization items on the home page... If we do go ahead with this suggestion I would suggest a seprate link from the hom page...
I would not want to loose important messages in personal communication with other members...
Thanks
I would not want to loose important messages in personal communication with other members...
Thanks
nj_03_2004
07-26 02:36 PM
I think if it is voted then it will pass. It also has Senator Chuck Schumer�s (D-NY) amendment (2448) provision.
It should get more Democrat votes this time.
It should get more Democrat votes this time.
2011 2008 Subaru Legacy Gt Spec B.
thescadaman
09-14 07:22 PM
I had ordered my IV Texas T-Shirt on Sunday and have received it today! I am all set for the Rally and will be departing Houston, Texas on the 17th.
See you all in DC..
See you all in DC..
more...
GotGC??
06-08 12:06 AM
Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...
Any idea what's in store for the future...
You mean rust in peace !!!!!!!:D :D :D
Any idea what's in store for the future...
You mean rust in peace !!!!!!!:D :D :D
gc_buddy
04-04 05:24 AM
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..
Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..
more...
wandmaker
03-15 11:02 AM
is appreciated at IV. This is in addition to any other contributions (either time or money) to IV. :)
I meant "Recurring monthly Contribution" :)
Let us setup a recurring contribution funding drive -
Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.
I meant "Recurring monthly Contribution" :)
Let us setup a recurring contribution funding drive -
Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.
2010 5. 2010
ameryki
07-14 01:54 PM
my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.
he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees
What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?
he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees
What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?
more...
nlalchandani
10-25 02:36 PM
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
2. I am an accredited representative of the following named religious, charitable, social service, or similar organization established in the
United States and which is so recognized by the Board:
4. 4. Others (Explain Fully.)
4 should work...
Question is has someone done this before? Will send you a PM..
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
2. I am an accredited representative of the following named religious, charitable, social service, or similar organization established in the
United States and which is so recognized by the Board:
4. 4. Others (Explain Fully.)
4 should work...
Question is has someone done this before? Will send you a PM..
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sidbee
06-10 10:43 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
more...
rssm10
06-01 02:37 PM
I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
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techbuyer77
06-20 01:13 PM
However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
more...
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nixstor
10-30 03:14 PM
I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?
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tikka
06-04 11:28 AM
for the senate to start debating...
can you please send some web faxes?
Also, if you have not contrbuted please do so ASAP. IV really need funds for our lobbying efforts.
Thank you
can you please send some web faxes?
Also, if you have not contrbuted please do so ASAP. IV really need funds for our lobbying efforts.
Thank you
more...
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Lasantha
10-05 12:57 PM
On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
Well, considering that the new online system has been in operation for the last 2 years, I would hope that all the bugs are already caught and fixed. But they do advise to fille early so that you will avoid the last minute rush.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
Well, considering that the new online system has been in operation for the last 2 years, I would hope that all the bugs are already caught and fixed. But they do advise to fille early so that you will avoid the last minute rush.
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Alabaman
01-07 07:34 AM
...talking about being a legl resident, who should this apply to in this case?? The baby was an American citizen!!
more...
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InTheMoment
06-09 12:52 PM
I would love to believe that - some predictabilty in the assignment of files to AIO's - but that is certainly not true atleast from what we see from data !
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
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shivarajan
02-11 03:37 PM
my advice (from my experience)..if u do USPS Priority (India postal employee deliver it for sure), and chances r high that u may receive it in OPENED, MISSING, LOST (part of docs) state (we had this multiple times from different locations)
Strongly suggest NOT to use Priority unless u have had firsthand good experience!
Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:
Strongly suggest NOT to use Priority unless u have had firsthand good experience!
Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:
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rvr_jcop
02-17 04:53 PM
Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?
Yes, according to English Calendar :)
Yes, according to English Calendar :)
braindrain
01-10 01:21 PM
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
I have done some research on the issue and spoke with one or two friends who came across this kind of scenarios. You can correct the details in the passport which I bet will be lengthy and time consuming OR correct the Birth Certificate which will be little easier as compared to the first one. If not fill the VISA related forms with the information you have in the passport and take an affidavit to explain the difference in place of birth in passport and birth certificate.
In my case my mothers name is different in the passport and birth certificate and I have taken an affidavit indicating that they are one and the same person. They will be going for VISA this week and I hope things should go well...
Will keep you posted on this...
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
I have done some research on the issue and spoke with one or two friends who came across this kind of scenarios. You can correct the details in the passport which I bet will be lengthy and time consuming OR correct the Birth Certificate which will be little easier as compared to the first one. If not fill the VISA related forms with the information you have in the passport and take an affidavit to explain the difference in place of birth in passport and birth certificate.
In my case my mothers name is different in the passport and birth certificate and I have taken an affidavit indicating that they are one and the same person. They will be going for VISA this week and I hope things should go well...
Will keep you posted on this...
ameryki
08-28 10:28 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
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