Tuesday, June 14, 2011

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  • krishmunn
    09-30 11:58 AM
    Unfortunately NO. you cannot declare anything while leaving India.


    Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.

    Also, carry your Indian receipts.




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  • americandesi
    08-11 06:32 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.

    On rare occasions, USCIS revokes previously approved GC’s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.




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  • 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.




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  • krishmunn
    03-07 03:49 PM
    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.

    OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.

    To summarize , recalling 140 has NO impact in OPs case.



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  • antihero
    04-14 11:13 PM
    IV does not support any fraudulent activity by anybody, whether employees or employers or anybody else.

    It because of faking the resumes by unscrupulous individuals things have come to this pass. Many genuinely honest and hardworking folks are slogging on in the GC queue while many who can't even spell technology have got GCs in a matter of months by exploiting loopholes.

    My advice, go back to your home country, get some education in your chosen vocation and restart your career through honest means.




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  • nrakkati
    01-29 02:09 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you



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  • shreekhand
    08-03 12:39 AM
    Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.

    What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!



    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??




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  • delhirocks
    06-29 11:30 AM
    Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.

    There is no quota for I 140, the employer is just trying to save money.



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  • ilikekilo
    09-07 07:56 AM
    hey who cares, if thats the case..I will certainly not complain...

    who knows something might be brewing up....4 good




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  • PD_Dec2002
    08-12 01:01 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj

    Replies based on my experience.

    1. Separate postal mail.

    2. Spouse's receipt notices can come days and even weeks apart. Since you have your receipt numbers already, you can call USCIS and get your wife's receipt numbers if her case has been entered into the system as well. Why are you assuming that her application has been rejected... ...there are applicants from early June who still haven't received their receipt notices.

    Thanks,
    Jayant



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  • panks
    04-02 12:07 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.




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  • rajasaab
    10-25 09:21 AM
    i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.

    also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.

    Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!



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  • Ramkumar
    03-17 10:58 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

    It would be great if I get answer the below my Question:

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar




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  • dassumi
    12-23 03:00 PM
    You can use your AP with no issues. That's the exact intent of that document.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,



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  • ck_b2001
    08-15 02:48 PM
    Why cant we just sit back and relax. There is nothing we can do after filing and if you have not heard about reciept, check cashed then no big deal. 99% peopel will get reciept without rejection. Have some faith. We will get nothing from calling USCIS, figuring out LUD, speculating who signed our envelop.




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  • JunRN
    08-21 11:38 AM
    Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.

    It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.



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  • inskrish
    05-02 12:23 AM
    thanks snathan. I do plan to carry i-797. When you say "you will be given till aug 2009", what are you referring to?

    It's I-94




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  • ashkam
    11-17 02:53 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true

    What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.




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  • willgetgc2005
    03-28 01:39 AM
    Hello,

    My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.

    Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.

    I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.

    Please help




    anurakt
    01-03 11:12 AM
    I think we should give an option for more than $100 too i.e. a blank field with a validation that it cannot be less than 20$. Also instructions should be given on how to cancel the monthly subscription. Also it should be agreed by the patrcipant that he won't ask for money back and in case he does that we should be putting rules around it such as administrative fees. This would make sure that the fees IV pays to paypal for transactions is taken care of.

    My suggestions , doesn' mean that these needs to be implemented , also all those who sign of monthly with proven monthly of minimun 50$ should only be allowed to get into members only forum threads etc etc...again $50 is an example....




    jonty_11
    08-06 12:46 PM
    did u happen to call USCIS Cust Service...which may have trigerred your approval?



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