GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
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paskal
03-04 12:44 AM
We are in regular contact with Senator Conrad's office and iv-physicians has a seat on the physicians task force that has been working on this. As you well know the environment is toxic towards any immigration relief but efforts are ongoing nevertheless.
Please join the physicians chapter for further information. See the link in my signature. As a reminder- this is a closed group that works with sensitive information, make sure you provide your name and telephone number, e mail for contact and general info about immigration status, practice etc.
Please join the physicians chapter for further information. See the link in my signature. As a reminder- this is a closed group that works with sensitive information, make sure you provide your name and telephone number, e mail for contact and general info about immigration status, practice etc.
gccovet
08-04 08:56 AM
cool, congrats.!!
USCIS works in mysterious ways!!!
enjoy
GCCovet.
USCIS works in mysterious ways!!!
enjoy
GCCovet.
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martinvisalaw
09-03 08:22 PM
Hello,
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
more...
jamesbond007
10-28 03:18 PM
Politicians are used to pander to their audience.
All he did was to use some keywords - "strategic alliance"; "peace"; "fight terror"; "immigration reform" etc.
He needs to list out the specific issues that he thinks are issues; and then propose a solution that would not only fix the said issue, but also prevent it from recurring.
Broad statements don't mean anything. Everyone knows the immigration system in this country is broken. But no politician has listed out (nor acknowledged) the root causes of the broken system.
But unfortunately, being a politician, he will not say anything that would put him in a corner.
********** Happy Diwali to you and your loved ones. **********
All he did was to use some keywords - "strategic alliance"; "peace"; "fight terror"; "immigration reform" etc.
He needs to list out the specific issues that he thinks are issues; and then propose a solution that would not only fix the said issue, but also prevent it from recurring.
Broad statements don't mean anything. Everyone knows the immigration system in this country is broken. But no politician has listed out (nor acknowledged) the root causes of the broken system.
But unfortunately, being a politician, he will not say anything that would put him in a corner.
********** Happy Diwali to you and your loved ones. **********
mrajatish
09-14 08:45 AM
1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.
2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company
Rest should be ok.
2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company
Rest should be ok.
more...
sam_i02
09-24 06:56 PM
Peeps -
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
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webm
06-10 02:18 PM
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
Well i missed the boat atleast for this yr..:(
Anyway its a good news that they are starting it from June end.
Well i missed the boat atleast for this yr..:(
more...
immigrant2007
03-21 11:52 AM
Please change the title to "300 Illegal Immigrants with Criminal Records Arrested in Texas". Don't set a false alarm.
technically by definition how an an illegal achieve the status of immigrant? I gues you meant illegal aliens? just kidding
technically by definition how an an illegal achieve the status of immigrant? I gues you meant illegal aliens? just kidding
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[Legoman]
08-29 06:26 AM
Yeah, you can import eps files and as david said it automatically gives it depth. ignore what I said about the extrusion editor.
more...
suryamnb
11-15 04:36 PM
Does any one got "AP" approved, who applied in the month of august?from NSC.
Hi,
I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
EAD card received on Nov 9, AP travel doc received on Nov 14th.
FP Notice received on Oct 30, scheduled for Nov 27.
Thanks!
Hi,
I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
EAD card received on Nov 9, AP travel doc received on Nov 14th.
FP Notice received on Oct 30, scheduled for Nov 27.
Thanks!
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newbie2020
04-29 03:48 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
more...
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wandmaker
11-27 01:25 PM
fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.
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wandmaker
08-18 08:58 AM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.
more...
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sagittarian
05-08 04:07 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
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dc2007
07-01 01:35 PM
Thanks for the response STAmisha..
My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.
Thats why I want to know if anybody else has done this before..
My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.
Thats why I want to know if anybody else has done this before..
more...
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jthomas
05-15 01:20 AM
If you are in Eb1 you should get your GC soon.
If your profile is incorrect please correct it.
If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation
J Thomas
If your profile is incorrect please correct it.
If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation
J Thomas
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golgappas
06-23 09:46 AM
Try Naresh Gehi - 7182635999
He is based in Queens - easily accessible from Manhattan too
He is based in Queens - easily accessible from Manhattan too
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rajenk
10-10 04:46 PM
Carry all docs relevant to your current employment. Listing some.
1. EAD/H1B petition original
2. Employment letter from your current employer
3. If your current employer had filed/started GC process, then those document copies
You should be fine. When entering just answer the IO aptly. One common question is
1. Purpose of your visit?
2. Whom you are working for? <Be honest, tell them your current employer if asked>
If you are traveling on AP with family the above questions will be asked only to the primary person, they don't question others who are traveling with you.
1. EAD/H1B petition original
2. Employment letter from your current employer
3. If your current employer had filed/started GC process, then those document copies
You should be fine. When entering just answer the IO aptly. One common question is
1. Purpose of your visit?
2. Whom you are working for? <Be honest, tell them your current employer if asked>
If you are traveling on AP with family the above questions will be asked only to the primary person, they don't question others who are traveling with you.
bhasky25
12-21 12:22 PM
I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.
I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.
I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.
patiently_waiting
01-30 09:42 AM
andhrawala, that is not correct.
Please check here with Ron Gotcher's Reply regarding this
Adding spouse to AOS (http://www.immigration-information.com/forums/general-immigration-questions/10084-adding-spouse-to-aos.html)
Please check here with Ron Gotcher's Reply regarding this
Adding spouse to AOS (http://www.immigration-information.com/forums/general-immigration-questions/10084-adding-spouse-to-aos.html)
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