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Ramba

09-26 05:07 PM

Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.

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yabadaba

02-07 10:41 PM

I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
Chelo


This is my cover letter and I did everythig as it says:

To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227

From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy



RE: Original Submission of Application for Employment Authorization

A# ?????????

Dear Sir or Madam:

Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:

Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice

Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,



Mr. XXXXXX

U can do it online...takes 15 min

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sudhirdd

07-11 04:36 PM

As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

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.

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pmb76

09-05 09:30 PM

I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......

THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!

Everything else is Correct (address, DOB, A# etc...)

GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20

Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.

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desi3933

03-02 10:17 AM

The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents

Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.

By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).

Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)

____________________
Not a legal advice
US citizen of Indian origin

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rajmalhotra

02-08 04:32 PM

Does anyone else know of other instances of this happening?

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H1B-GC

02-16 10:26 AM

Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??

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amsgc

05-29 08:13 PM

The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.


Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

This is not a legal advise. Please get in touch with a immigration attorney.

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gotgc?

09-16 06:48 PM

Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.

Hi,

I agree...I am not sure whether your co-worker had another approved I-140... My lawyer said that if I dont have my other I-140 approved, my I-485 would be denied too..since I have that, she is saying that my AOS will continue to be active based on the other I-140...i want to confirm that whether its true and how can I verify that?

Gurus..please share your thoughts....

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Leo07

12-05 05:29 PM

Good Luck!

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prinive

03-27 07:03 PM

:rolleyes:

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chanduv23

08-15 08:08 AM

No one is intrested in knowing the facts?

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beautifulMind

08-24 11:34 AM

I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

Is this normal? Is there something i need to worry about?

My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

My supervisor called back but went to voicemail and left a general message

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mrdelhiite

07-24 07:04 PM

Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

Please suggest.

Thanks
-M

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saibalagi

07-17 07:23 PM

At least send thanks to IV core memebers such as Logic life, pappu and contribute more.
Thanks

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Chiwere

08-03 02:06 PM

Thanks Alisa for opening this thread.

I am EB3I @ NSC RD 07/25/07

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Templarian

08-27 11:16 PM

Double posting bump this thing.

I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).

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vpadman

02-09 02:07 PM

Are there any members from Huntsville, Alabama ?
It would nice for a few us to meet here and discuss various immigration issues.

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forgerator

10-22 04:43 PM

For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown)


Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.

I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.

And yes I'm from Pakistan :)

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sukhyani

12-18 03:54 PM

Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

I wonder what is happening....


Same here! my PD is 09/04 ROW, June 5th filer, got an LUD on 12/10 when my case was transferred to National Benefits Center and then two more soft LUDs on 12/15 and 12/18.

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suman

12-17 01:38 PM

Sorry I was away from my computer for a while.

Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.

It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

Hope Lawyer comes out with something.

THank you all
Great help and moral support from all of you at Immigration VOice.

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