vishnoiravi
09-08 05:24 AM
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
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SGP
05-19 08:58 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
mailmy_gc
10-29 06:24 PM
LOL! Does he mean I-485?
Looks like he is talking about I-140, See another post from jville ..
http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html
Looks like he is talking about I-140, See another post from jville ..
http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html
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wandmaker
11-07 03:51 PM
Your receipt notice will show "receipt date" as July 3 - Oct 10 as Notice Date, thats when they entered your case into the system. If you end up with USCIS rep level 1, they say received date as Oct 10 as they don't have vicinity to Receipt Date. when I called to check the status of my AP, rep said, they receipted (noticed date) my case on 10/2 - it will take 3-6 months to get AP as TSC processing application entered on 7/17.
I got my receipt numbers by calling USCIS on Oct 12.
I got my receipt numbers by calling USCIS on Oct 12.
more...
beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
terpac
02-01 03:59 PM
Hi All,
I just received an RFE for my I140 which says:
-----------------------------------------------------
The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.
Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.
The job offered is for a software enigineer.
You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
-----------------------------------------------------
How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?
Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...
I just received an RFE for my I140 which says:
-----------------------------------------------------
The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.
Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.
The job offered is for a software enigineer.
You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
-----------------------------------------------------
How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?
Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...
more...
jbs
10-03 11:26 AM
My spouse and I are currently on H1-B and we applied for EAD and I-485 with my spouse as the primary applicant through his company.
Do I have to wait for 180 days before I change employers and start using the EAD (since I am the secondary applicant)? Or can I use my EAD as soon as I get it?
Thank you!
Do I have to wait for 180 days before I change employers and start using the EAD (since I am the secondary applicant)? Or can I use my EAD as soon as I get it?
Thank you!
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linklinklink
06-25 02:53 PM
For those who have same problem.
I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.
I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.
more...
sts_seeker
05-07 11:58 PM
I used him and he is very friendly , good cost. If you want expensive go for Winnigham at OKC area.
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jd123
05-16 11:53 AM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
more...
payal_nag
11-27 03:28 PM
thanks for your response!
So were there any questions at the interview as to why you used Emergency?
So were there any questions at the interview as to why you used Emergency?
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gcgonewild
02-13 05:38 PM
My colleague's spouse was detained and questioned for 2 hours at EWR.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
more...
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peekay
12-17 02:23 PM
pmat, thanks very much.
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ss1026
06-14 09:38 AM
I have a pending I-140 with a Feb2004 PD which may or may not be approved and I have a Feb2005 PD with approved I-140. Which is a better stragety. Risk with the old PD and play safe and wait long for a GC?
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
more...
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guyfromsg
07-18 11:59 PM
What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
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desigirl
11-10 12:13 PM
sorry folks. that was I485 /AC21
What did the USCIS do?
What did the USCIS do?
more...
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ramaonline
11-03 09:52 PM
for changing status from h1 to h4 u must file Change of status form on I539 - This can be downloaded from uscis.gov
You wld get into h4 status once u receive the new i94 from uscis showing h4 start and end dates.
If you travel , you must obtain a h4 visa stamp before re-entry to get back into h4 status
You wld get into h4 status once u receive the new i94 from uscis showing h4 start and end dates.
If you travel , you must obtain a h4 visa stamp before re-entry to get back into h4 status
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perm2gc
11-30 10:09 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
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ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
indianindian2006
06-24 08:50 PM
Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.
Bytes4Lunch
08-17 11:07 AM
What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
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