cinqsit
02-02 08:43 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
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bipin
03-18 02:45 AM
I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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spicy_guy
11-24 04:47 PM
I prefer in this order.
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anilsal
06-17 12:09 AM
Start off your infopass with the following question.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
waitin_toolong
03-29 01:22 PM
did you not send a copy of H1 extension receipts with H1 transfer request?
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sintax321
09-04 01:28 PM
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StuckInTheMuck
07-15 02:14 PM
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
more...
kamal
08-04 03:47 PM
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
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serg
05-18 09:32 PM
The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(
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Almond
07-13 09:17 AM
Damn I am going to be pissed off if he gets a green card before I do.
Pegasus you made my morning. I can't stop laughing at this:D
Pegasus you made my morning. I can't stop laughing at this:D
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lost_in_migration
05-14 09:34 PM
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babu123
08-20 03:41 PM
Call 1-800-375-5283
options 1 2 2 6 2 2 1
At level 1, tell you didnt received receipt nbr and check not encashed.
You will be transfered to level 2. The officer at level 2 has access to check the name status.
Myself and my wife got the information. But some of my friends are not receiving the information. Good luck
options 1 2 2 6 2 2 1
At level 1, tell you didnt received receipt nbr and check not encashed.
You will be transfered to level 2. The officer at level 2 has access to check the name status.
Myself and my wife got the information. But some of my friends are not receiving the information. Good luck
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amsgc
07-03 08:01 AM
There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
more...
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virald
08-14 12:13 PM
My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
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ivuser9
03-28 07:42 PM
Thank you all for their replies, this helped
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ivy55
07-17 09:26 PM
How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?
TEKNMEK
03-02 11:06 AM
How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.
TIA
It is advisable to have the letter just incase if the officer asks for it. Although in my case, the officer did not ask for the letter.
TIA
It is advisable to have the letter just incase if the officer asks for it. Although in my case, the officer did not ask for the letter.
Dhundhun
11-24 01:20 AM
I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.
I think, individual can not possibly give "worked in company from... to..." and "number of hours". Only company representative can can sign that. The ex-coworker can certify only that "YYYY YYYYY worked with me from... to ...".
Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.
Ex-coworker can say that "While working with me Mr. XXXX XXXXX has shown responsibility and professionalism".
As I mentioned earlier in this thread, the scope of ex-coworker giving experience certificate is limited to "working together". For example, some one behaving good with you might not be good with someone else. In company records, he might not have good records due to that.
My lawyer strongly asked me that ex-coworker must write only on the basis of his own experience. He must not start representing company and start mentioning things like joining date (unless the person hired you), salary, etc.
Well, in any case, your lawyer should be your guide.
I think, individual can not possibly give "worked in company from... to..." and "number of hours". Only company representative can can sign that. The ex-coworker can certify only that "YYYY YYYYY worked with me from... to ...".
Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.
Ex-coworker can say that "While working with me Mr. XXXX XXXXX has shown responsibility and professionalism".
As I mentioned earlier in this thread, the scope of ex-coworker giving experience certificate is limited to "working together". For example, some one behaving good with you might not be good with someone else. In company records, he might not have good records due to that.
My lawyer strongly asked me that ex-coworker must write only on the basis of his own experience. He must not start representing company and start mentioning things like joining date (unless the person hired you), salary, etc.
Well, in any case, your lawyer should be your guide.