ruchigup
10-02 02:08 PM
If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
chaka land of lost. The Land of the Lost stars
go_guy123
05-30 11:56 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
chaka land of lost. Land of the Lost: My Fantasy
cinqsit
01-23 12:27 AM
If your company is paying why not go to India. If you have all the necessary paperwork, proper letters and your company is willing to provide any other documents like tax returns etc if needed stamping in India would be easier (they always prefer you go to your home country I guess its easier for them to evaluate and process your case) that being said I have had my H1 stamping done in Canada (because the company that I worked for didn't want me to be away from work more than a week), I had two done in India (both were a breeze) I have never been to Mexico for stamping so
dont know
Good luck!
cinqsit
dont know
Good luck!
cinqsit
chaka land of lost. ceremony for Chaka.
snathan
05-23 06:14 PM
Hi,
Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.
I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.
================================================== =====================================
Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210
RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office
Dear Sir:
We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.
It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.
We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.
We look forward to your reply.
With regards,
[for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]
================================================== ======================================
For Admin:
Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.
Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support
Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.
I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.
================================================== =====================================
Gordon S. Heddell
Inspector General
United States Department of Labor
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210
RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office
Dear Sir:
We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.
It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.
We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.
We look forward to your reply.
With regards,
[for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]
================================================== ======================================
For Admin:
Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.
Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support
more...
chaka land of lost. chaka land of lost.
ThinkTwice
02-18 01:47 PM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
You have a lot of work ahead of you, first thing .. you should
- get a consultation with a good lawyer who specializes in these kind of cases and discuss your options.
- you have only one month to prepare so you should be aggressive about collecting all the documentation required for the interview. sites like trackiit have some threads that talk about documentation needed for DUI related interviews
- A straight forward DUI without any accidents etc should be ok, I have seen posts where people with DUI's have gone for and cleared the interviews, but your case is different you have not mentioned the DUI in your application.
Is this going to affect my GC in anyway? I need some guidance here.
You have a lot of work ahead of you, first thing .. you should
- get a consultation with a good lawyer who specializes in these kind of cases and discuss your options.
- you have only one month to prepare so you should be aggressive about collecting all the documentation required for the interview. sites like trackiit have some threads that talk about documentation needed for DUI related interviews
- A straight forward DUI without any accidents etc should be ok, I have seen posts where people with DUI's have gone for and cleared the interviews, but your case is different you have not mentioned the DUI in your application.
chaka land of lost. Land of the Lost Sleestak and
ca_immigrant
05-10 11:49 AM
applies to me too, as I came in this thread to read this post :D
so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
more...
chaka land of lost. Review: \\lt;em\\gt;Land of the Lost
CaliHoneB
02-24 07:25 PM
I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
chaka land of lost. UFA Chaka from Land Of The
sushilup
08-19 03:50 PM
Rajarao,
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
more...
chaka land of lost. Land of the Lost (2009) -
ita
01-04 04:19 PM
Thanks so much for all the replies.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
chaka land of lost. chaka land of lost. Chaka+land+of+the+lost+; Chaka+land+of+the+lost+. dubbz. Oct 31, 10:13 AM. Using the whole page whould be pointless.
gc2
09-17 11:05 AM
thanks for your response. To clarify
1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?
2. i did'nt realize that i cant pay for H renewal.
Many thanks for your response.
1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?
2. i did'nt realize that i cant pay for H renewal.
Many thanks for your response.
more...
chaka land of lost. Land of the Lost (Photo:
snathan
02-23 06:53 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
chaka land of lost. Chaka Land of the Lost T Shirt
honge_kamyaab
02-01 12:54 PM
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
more...
chaka land of lost. Land of the Lost Cha-Ka Funko
bekugc
04-14 04:56 PM
hi prince,
regarding ur post, there is a correction.
holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.
holding a valid visa or Adv parole is good . but not just an appr notice.
thanks
regarding ur post, there is a correction.
holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.
holding a valid visa or Adv parole is good . but not just an appr notice.
thanks
chaka land of lost. on Land Of The Lost,
meridiani.planum
06-29 03:27 PM
inline...
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
more...
chaka land of lost. Land of the Lost 2009 Movie
gchopes
04-25 12:38 PM
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
chaka land of lost. Chaka is from Land Of The Lost
jonty_11
06-12 05:30 PM
i am currently legally working with the new employer.
My queston is how likely is to get approved before 180 days
485 being approved in 180 days.....- well it has happened but no one can predict..its USCIS after all.
My queston is how likely is to get approved before 180 days
485 being approved in 180 days.....- well it has happened but no one can predict..its USCIS after all.
more...
chaka land of lost. You know, you are an ass.
ohguy
02-18 06:53 AM
I did not get any update like that. Should I call them up and find out the status? I received a letter to my home from Nsc just stating that my case has been transferred to Tsc.
chaka land of lost. comedy Land of the Lost:
alseethis
08-09 11:24 AM
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
chaka land of lost. Watch hilarious Land Of The
psaxena
05-04 11:16 AM
My case is in Nebarska.. is their an email for that location?
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
srinivas_o
08-25 09:46 AM
Bump
copsmart
08-15 08:30 AM
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
I see...
That sounds like a valid point. :)
You probably have to wait for your YEAR to become CURRENT.
I see...
That sounds like a valid point. :)
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