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  • kalyan65
    10-19 10:25 AM
    my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
    I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
    is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.

    I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
    It took 2 months to reply RFE, after 1 month I-140 got approved


    Here is my case history,

    Came to US : Aug.2000 on H1
    First Labour : Apr'03, Labour Approval : Jan'07
    First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE

    Second Labour : EB3, Oct'07, Labour Approval : Mar'08
    Second I-140 : Jun'08, Approved : Apr'09

    Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.





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  • solaris27
    12-20 08:36 AM
    submit AR-11 form online and also send it by post also .





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  • pmamp
    12-05 01:58 PM
    I found this link for LC case disclosure data. I don't see any case data for 2005 cases which were filed pre-PERM. If someone has that link please share.

    http://www.flcdatacenter.com/CasePerm.aspx


    It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.





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  • rgpr
    03-28 09:54 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr



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  • BMS1
    09-25 01:10 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".





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  • devikas81
    09-09 07:08 PM
    Pls. update ur case once you receive any action from USCIS,
    I have similar case like you, pls. email me at vmt0606@yahoo.com,
    Thanking You,



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  • tictac
    09-08 10:32 AM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.





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  • Blog Feeds
    11-11 09:30 AM
    Dobbs joining Fox Business Channel.

    More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)



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  • shana04
    07-30 01:37 AM
    Thanks a lot for sharing good info.





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  • vin13
    03-12 01:27 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,

    Sueing is a tough road.

    Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

    The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.



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  • americandesi
    11-01 12:32 PM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.

    A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.

    Any violation of H1 rules should be complained with DOL.
    Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.

    Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.

    If your employer doesn't oblige then
    1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.

    2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.

    Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.





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  • wandmaker
    10-22 11:42 PM
    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).

    he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)



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  • brasil
    07-29 08:55 PM
    Quoting what reason did the DMV confiscated your driver's license?
    Standard procedure and license was about to expire.
    This does not apply for address change if the expiration date is long...





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  • bestia
    07-17 03:22 AM
    So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?

    It COULD be denied or could be approved. The law is vague and consular officers have full right to approve or deny anything, they are not USCIS employees, and even US president can't order them.

    I have played DV lottery for many years (never won as you can guess). Embassy instructed that it is immigrant intent and we should have marked "yes". So, I marked "yes" - and got my B1 without any problem.



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  • gauravsh
    05-04 10:07 AM
    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.





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  • Boney
    January 27th, 2006, 02:14 AM
    Can somebody tell me which is the best DSLR as of today (27/01/2006) For around 1000 dollars



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  • meridiani.planum
    07-18 11:20 AM
    thanks for the responses everyone!





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  • waitingGC
    01-22 08:38 PM
    Thank you, IV core! You are great!





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  • funnymdguy
    11-16 11:34 AM
    Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.

    Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?





    chanduv23
    04-18 10:46 PM
    Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.

    Thanks.

    My pleasure. MOTIC will resolve your issue. Your lawyer will manage it. Good luck.





    deepakjain
    07-22 05:45 PM
    Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

    It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

    THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here



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