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sathweb

02-04 01:23 PM

Thanks four response. Do you have any format to write a letter to Senator or congressman?

I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.

Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.

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lp2007

08-05 12:13 AM

A friend of mine got his 140 approved in 5 days through PP in June. I don't think now that option is even available since PP has been suspended until futher notice.

http://murthy.com/news/n_procon.html

Thanks

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satishku_2000

01-18 07:29 PM

I log in every day to see whats happening with my I-140 , Mine filed in september and the processing date moved only 15 days in last month. It took 2.5 years to complete the labor and I think I am struck in I-140 here...

Any one received I-140 approvals recently ? I just want to know what is your receipt date

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GC20??

08-20 09:51 AM

My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.

Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?

"Post Decision Activity

On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

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anandrajesh

04-07 11:40 PM

I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

Any help will be greatly appreciated!

Dont worry about it. Enjoy your cruise trip.

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Fran

08-14 11:57 AM

Similar threads have been started before as lot of LUD's have been seen on 07/22 07/28 08/05 and 08/12. I think concensus was that this has nothing to do with 485 data entry as check cashing did not match the LUD dates. But interesting pooint raised in this thread that it might be about which july apps to batch transfer from LIN to SRC. 07/22 might be around the time when LIN started to look at first few july filers apps.

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addsf345

10-22 01:08 PM

The dates are retrogressed:

Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007

Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007

Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007

Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007

I can't help but notice that progress at TSC.

They were processing July 16, 2007 2 - 3 months back.

One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)

Last month, they made progress till June 23, 2007.

Since last month, they made a progress of one day - June 24, 2007.

Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(

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kamakya

05-14 09:48 AM

Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.

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sujith1

07-12 02:02 PM

The application was received on 7/10 and the checks were cashed today - How will you receive the resceipt number ? Would it come in the mail?

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JBarnhill

March 4th, 2010, 11:55 AM

Just saw how old this post was!! Sorry

I-94 expired [Archive] - Immigration Voice

View Full Version : I-94 expired

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GCVoice

12-20 10:45 AM

Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

Please advice

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Humhongekamyab

05-14 03:56 PM

Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.

Please advice, what to do?

Here are the details about my education.

Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)

Experiance:
Aprox. 8 years

Thanks in advace.

:)
Shujaat

Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.

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digital2k

08-06 12:39 PM

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god_bless_you

04-23 10:40 PM

Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)

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Macaca

04-22 09:07 AM

Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

Deductions are considered by the Department of Labor (DOL) to be authorized if:

The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.

An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.

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VisaHelp

07-26 09:27 AM

Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.

Could you please detailed RFE? It is difficult to suggest without the RFE details.

____________________
Not a legal advice.

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ras

03-17 02:45 PM

We hear a lot about good credit.. but not a very good understanding of what it means

So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..

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GCNirvana007

04-01 01:44 PM

Gurus,

my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.

thanks,

Did you file con-current

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girishvar

08-15 12:14 PM

Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.

sathweb

02-04 01:02 PM

:confused: Does anyone have multiple RFE for I-140? :confused:

I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.

My I-140 got approved after my local Senator called them.

tonyHK12

11-07 10:00 AM

Guys the person who wrote this article is a Democratic political consultant - in short political propaganda.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.

I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.

I really want to see some concrete facts showing they oppose legal immigration.

Robin Williams

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