nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
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sts_seeker
07-05 04:24 PM
Hi All,
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
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DDD
08-20 09:43 AM
^Good Idea
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
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ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
more...
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fshah
07-13 10:20 AM
Done
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gc_chahiye
07-17 01:42 AM
I-140 onwards. If you are filling in a form for visa stamping or are in the US on TN-1 visa or F-1 visa you are ok with filing an LC. Its the I-140 that determines immigration intent and can potentially interfere with your other status (or will require you to disclose your immigration intent on visa applications questions like "has someone ever filed an immigraiton petition on your behalf")
more...
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gc_check
03-14 04:16 AM
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
Murthy.com has a copy of pdf in their website
http://www.murthy.com/uscis_update.pdf
http://www.murthy.com/nflash/uscis_faq.pdf
Murthy.com has a copy of pdf in their website
http://www.murthy.com/uscis_update.pdf
http://www.murthy.com/nflash/uscis_faq.pdf
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newbie2020
11-26 05:15 PM
BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
more...
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rajuram
02-15 11:17 PM
Lucky you�you can make plans like these. Most folks visiting this site are stuck in retrogression. Most will be willing to do AOS or Consular Processing, even if it means going to US Consulate on the north pole, if only it were to be allowed....Best of luck, hope you have fun making this choice
260 views and not even one single opinion?
260 views and not even one single opinion?
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cleopatra
02-07 10:03 AM
My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.
I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.
How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?
Any help is greatly appreciated.
more...
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gcretroiv
02-10 09:30 AM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
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mnkaushik
02-04 08:46 AM
All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.
I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
more...
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prabirmehta
03-22 02:56 PM
Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
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realizeit
10-19 04:33 PM
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
more...
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poorslumdog
10-12 12:40 PM
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
Just get the receipt number from your employer and check the status yourself.
Just get the receipt number from your employer and check the status yourself.
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bombay_masala
06-18 01:09 PM
What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
more...
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andy_traps
03-20 03:20 PM
The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.
http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php
Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?
Andy
The text of the article:
Kennedy says immigration bill will happen
California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
By DENA BUNIS
The Orange County Register
WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.
The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.
"It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''
Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.
"We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "
Villines attended the meeting with Kennedy but skipped the following news conference.
"If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.
When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.
That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.
President Bush supports such a plan despite vocal opposition from members of his own party.
Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.
Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.
Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.
"If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.
Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.
But Nu�ez said he doesn't favor such an approach.
Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.
"If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."
http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php
Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?
Andy
The text of the article:
Kennedy says immigration bill will happen
California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
By DENA BUNIS
The Orange County Register
WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.
The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.
"It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''
Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.
"We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "
Villines attended the meeting with Kennedy but skipped the following news conference.
"If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.
When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.
That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.
President Bush supports such a plan despite vocal opposition from members of his own party.
Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.
Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.
Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.
"If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.
Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.
But Nu�ez said he doesn't favor such an approach.
Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.
"If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."
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thomachan72
01-14 08:48 AM
Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
How can you protect jobs here by taking away the job of another person??
The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".
How can you protect jobs here by taking away the job of another person??
The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".
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Cheran
07-28 03:19 PM
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
My Receipt Date was 06/09, still waiting.
Thanks in advance
-Krishna
My Receipt Date was 06/09, still waiting.
anilsal
12-19 10:14 PM
I think the idea should be to get the callers from IV over zip codes that are dispersed across the country. Plus the calls should be daily from a few of the members. Maybe like 5-10 calls per day till SKIL bill gets cleared?
What do you think?
Sen.Cornyn should get to know that his bill is important (of course the tech industry has made its intentions clear by pushing for it). Now if the members of IV also keep calling amidst the negative calling campaign from the anti-imm group, it would do us a world of GOOD.
What do you think?
Sen.Cornyn should get to know that his bill is important (of course the tech industry has made its intentions clear by pushing for it). Now if the members of IV also keep calling amidst the negative calling campaign from the anti-imm group, it would do us a world of GOOD.
prem_goel
08-18 07:31 PM
most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.
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