
chapsi29
04-02 11:10 AM
Hi all,
I had applied for my I-140/I-485 (concurrent) in Summer 07 and am awaiting a decision. My company has not been paying on time and is lagging behind on pay checks for about a few months now... I would like to know how this would affect my I-140 - Does the USCIS normally issue an RFE for this type of a problem or would they deny the I-140 ? If it is an RFE, what kind of proof does the company have to provide ?
Is it required for the company to completely catch up on the backlog and have all the pending pay checks paid before my I-140 gets processed ?
Thanks in advance.
I had applied for my I-140/I-485 (concurrent) in Summer 07 and am awaiting a decision. My company has not been paying on time and is lagging behind on pay checks for about a few months now... I would like to know how this would affect my I-140 - Does the USCIS normally issue an RFE for this type of a problem or would they deny the I-140 ? If it is an RFE, what kind of proof does the company have to provide ?
Is it required for the company to completely catch up on the backlog and have all the pending pay checks paid before my I-140 gets processed ?
Thanks in advance.
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h1techSlave
01-05 05:37 PM
Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
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desigirl
12-02 09:38 AM
What are chances of Dream Act?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
more...
neoneo
10-29 06:13 PM
Here's a good chance to attach the legal immigration amendment. This is all for legality of employment. Any clue on activity on this front ?
beibei2929
05-15 02:22 PM
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
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HRPRO
02-23 10:36 AM
I know we can enter back on AP.
I have similar situation:
I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?
Arc,
You will need a Canadian visa and your employer will have to give you a letter to get the same
I have similar situation:
I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?
Arc,
You will need a Canadian visa and your employer will have to give you a letter to get the same
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manderson
11-11 12:35 PM
Don't count on it.
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uslegals
10-18 04:25 PM
Check with the attorney who has filed for 140. I guess the norm is that attorney also get RN and approval copies.
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uma001
07-20 05:26 PM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
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Lasantha
02-20 01:53 PM
If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
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mbawa2574
07-07 08:27 PM
You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
So members have all rights to challenge ur actions.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
So members have all rights to challenge ur actions.
more...
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Ramba
07-06 12:51 PM
The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
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insbaby
12-05 05:26 PM
I bet they won't let a VB programmer in!!!
more...
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lskreddy
03-12 07:19 PM
Thanks.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
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Canadianindian
07-09 09:18 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
Please please join these folks...strenght is in numbers. I bet if you can wait 10 years for GC, you folks can surely spare couple of hours. Please confirm and support.
It would be great if members are able to make it to this event.
Please please join these folks...strenght is in numbers. I bet if you can wait 10 years for GC, you folks can surely spare couple of hours. Please confirm and support.
more...
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vin13
01-08 12:25 PM
Travelling on AP needs only your passport and the AP.
Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.
Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.
Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.
Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.
Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.
Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.
Hope this helps.
Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.
Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.
Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.
Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.
Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.
Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.
Hope this helps.
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kris04
11-12 09:33 PM
while porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
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lecter
February 3rd, 2006, 03:01 AM
as already stated:
Requirements first
Budget second
then start selecting.
in the $1000 bracket there's some choice.
Personally, it's a tough space......, glad I am not making that decision.
for personal bias reasons, only the 350D or D70/50 are worth looking at.
Olympus makes nice gear, but in a newer format and has expensive accessories
Requirements first
Budget second
then start selecting.
in the $1000 bracket there's some choice.
Personally, it's a tough space......, glad I am not making that decision.
for personal bias reasons, only the 350D or D70/50 are worth looking at.
Olympus makes nice gear, but in a newer format and has expensive accessories