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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newh1user
01-22 05:27 PM
thanks for your response, I think i have given all the information which lawyer required and hopefully everything will be through but just having fear with us rules
waitingnwaiting
12-03 02:03 PM
I got laid off recently.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
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ya
06-09 10:30 PM
patryder.com he used what you are talking about
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Berkeleybee
04-06 11:25 AM
It was my understanding that in the current context when people say "Hagel bill" they are talking about the "Hagel-Martinez" compromise on guest worker legalization, not the entire old Hagel bill.
See http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
Is there any concrete article/source that suggests this is not the case?
Berkeleybee
See http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
Is there any concrete article/source that suggests this is not the case?
Berkeleybee
immig4me
06-30 11:07 AM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
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samuel5028
04-26 03:04 AM
Hi ,
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
If you're confident, you always have a change to get cleared everything.
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
If you're confident, you always have a change to get cleared everything.
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monkeyman
03-06 09:59 PM
Congratulations - you have 90 days after it expires to renew it. Since you got your GC within 60 days, there is nothing to worry about. You must however talk to your HR with a copy of ur GC and update the I-9. But that is just for records and should there be an audit, you should be all set.
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Phogs
07-07 10:52 PM
If finance is not an issue with u or co. then renew it as a fall back. U'll never know that those guys in USCIS will do on your papers. So it is better to be safer than safe =)
PD 2004 ROW:(
I140/485 Pending:confused:
EAD/AP Approved:p
filed H1B Extention 4/18/2008:D comapny paid for it.
PD 2004 ROW:(
I140/485 Pending:confused:
EAD/AP Approved:p
filed H1B Extention 4/18/2008:D comapny paid for it.
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gcformeornot
01-20 01:10 PM
I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
more...
peekay
02-17 09:52 AM
I just came to know through various sources. I am not sure how much of fact there is in that information.
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waitingimmigrant
11-09 11:05 PM
hi friends,
some time ago i contact my senator through this site
http://www.opencongress.org/bill/111-s1085/show
and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...
-----------------------------------------------------------------------------
U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.
Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.
I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.
some time ago i contact my senator through this site
http://www.opencongress.org/bill/111-s1085/show
and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...
-----------------------------------------------------------------------------
U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.
Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.
I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.
more...
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uma001
04-21 04:21 PM
1 . Where is the donor forum? I could not find it
2. I am a donor (two times). But I do not have access to it.
Bump
2. I am a donor (two times). But I do not have access to it.
Bump
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kirupa
09-28 04:23 PM
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
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learning01
04-06 01:33 PM
bill (# S......), will come into this S.Amdt of Specter. See my post here elsewhere in IV (http://immigrationvoice.org/forum/showpost.php?p=7032&postcount=177).
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
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soumya_bhatta
03-23 07:33 AM
Hi,
Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.
Under the circumstances, can I apply for a AC21.
Thanks,
Soumya
Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.
Under the circumstances, can I apply for a AC21.
Thanks,
Soumya
more...
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waitin_toolong
07-30 01:38 PM
she can do it safely without affecting either of you.
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vban2007
10-24 03:45 PM
Please reply
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leo2606
12-07 09:52 PM
I went to Baltimore USCIS FP center.They ask ID at the counter only if you are getting your fingers printed, and this counter is actually tokens issuing counter inside, there was no security or anything at the entrance.I have seen several families with kids.I guess it is going to be the same in other locations.
My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?
My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?
supers789
09-21 05:07 PM
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
sac-r-ten
05-27 07:49 AM
Is there a option of adopting here in US for EAD or H1B?
thank you.
thank you.
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