bondgoli007
07-14 04:39 PM
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
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augustus
04-22 10:31 AM
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
Administrator2
03-14 12:27 PM
I just emailed mine to info@immigrationvoice.org.
Thanks!
Thanks!
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puskeygadha
07-08 02:47 PM
is this becuase of arranged marriage? immigrants like us have to
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
more...
perm2gc
01-08 04:39 PM
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.
dyamannavar
07-18 10:18 AM
If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?
Thanks,
Rajeev
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
Thanks,
Rajeev
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
more...
gc_on_demand
03-31 01:20 PM
For once, I like what Grassley is doing.
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
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surge
02-18 05:18 PM
Hi Surge
You should then consult a lawyer.
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
You should then consult a lawyer.
i did. different lawyers said different thing so i do not know who is right and who is wrong.
should i make an infopass appointment and idscusss it with them?
more...
lazycis
08-15 10:15 AM
Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.
Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
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chanduv23
07-05 12:43 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
more...
immigrationmatters30
06-14 12:43 PM
Sorry to say this but there are very few memebers on this forum without EAD. I think this website existed for a while but only came to life when dates became current in 2007. You can notice that most memebers here are with EAD when you see the number responses you get for EAD/AP related threads Vs H1B. Open an H1B thread and notice how quick that gets buried. But that will soon change, when most memebers with EAD get their green card they will hopefully be replaced by newer, non-EAD memebers and then we will have one united community(H1B, non-EAD,temporary workers). FYI, no EAD for me as well.
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gcnirvana
11-14 07:44 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.
As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
Just my 2 cents...
Good Luck!
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.
As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
Just my 2 cents...
Good Luck!
more...
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abhijitp
06-21 11:26 AM
for your quick responses!
I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.
The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
http://immigrationvoice.org/forum/showthread.php?t=5199
Doea anyone have any advice on the situation I tried to explain in the above thread?
As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.
Thanks!
I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.
The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
http://immigrationvoice.org/forum/showthread.php?t=5199
Doea anyone have any advice on the situation I tried to explain in the above thread?
As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.
Thanks!
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cbpds
09-01 07:10 PM
Its not the question of opening borders, its more about how we sons and daughters treat our parents and cater to them after we go back home from work.
All they want is a friendly and meaningful conversation and respect once a day.
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
All they want is a friendly and meaningful conversation and respect once a day.
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
more...
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gcisadawg
09-07 08:14 PM
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
I dont see anything wrong in what EB3_SEP04 said.
He/she said "a lot south/east indian people don't speak/understand hindi".
Don't pick on trivial things to make your point across.
I personally believe that all posts should be written in English because that is a common language that unites us all. People speaking wide variety of language access this forum and it is imperative that language doesn't become another barrier. We already have enough class wars in the form of EB2/EB3, non-ROW/ROW, full-time/consulting, US masters/non-US masters etc..
mera dho paise! (translation: my 2 cents)
GCisaDawg
I dont see anything wrong in what EB3_SEP04 said.
He/she said "a lot south/east indian people don't speak/understand hindi".
Don't pick on trivial things to make your point across.
I personally believe that all posts should be written in English because that is a common language that unites us all. People speaking wide variety of language access this forum and it is imperative that language doesn't become another barrier. We already have enough class wars in the form of EB2/EB3, non-ROW/ROW, full-time/consulting, US masters/non-US masters etc..
mera dho paise! (translation: my 2 cents)
GCisaDawg
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neelu
07-09 12:33 PM
I dont think the exam results "expire". My guess is that they misplaced your wife's results/paperwork or something like that.
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
more...
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singhsa3
01-29 07:38 PM
Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you’re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I’m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved……
Some help here will be highly appreciated…….thanks in advance
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you’re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I’m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved……
Some help here will be highly appreciated…….thanks in advance
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nixstor
09-18 03:49 PM
Call the IRS.
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pezz77
05-24 09:09 AM
I thought this would be the most appropriate place to post.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
Dhundhun
11-21 04:12 PM
#1. Usually duration, designation and salary to be provided by company.
#2. The role or work related description can be provided by co-worker.
If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).
#2. The role or work related description can be provided by co-worker.
If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).
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