gcwanted101
09-01 04:26 PM
Thanks gcwanted101.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
eb3retro
07-16 01:27 PM
Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.
1. Join the new company (the client of your current company)
2. Have them file labor certification.
3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.
That is all it takes. This is a standard process.
Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.
Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.
Hope this clears your hold up.
PM me if you need further clarification.
Good luck on your new job.
-Raj:)
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.
1. Join the new company (the client of your current company)
2. Have them file labor certification.
3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.
That is all it takes. This is a standard process.
Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.
Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.
Hope this clears your hold up.
PM me if you need further clarification.
Good luck on your new job.
-Raj:)
Bytes4Lunch
03-07 10:12 AM
"dingudi" , Throughout every immigration forums, everyone mentions the use of AP in such cases.
I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.
I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.
return_to_india
01-19 04:42 PM
In this land where honey and milk flows, i always have that anxiety of loosing ( by virtue of lay off ) 'affordable' health care coverage and i haven't fully read what all fine-print stuff BlueCross Prudent Buyer plan have. And i do have a chronic condition. Currently the monthly premium is around $500 for the 3 member family.
more...
gcseeker28
08-12 02:27 PM
So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
cris
08-30 10:00 AM
for gg_ny
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
more...
Sheila Danzig
11-28 12:33 PM
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.
ca_immigrant
12-19 07:32 PM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
...lol......old age brings some mental issues....I like that ;)
take it easy folks....just ignore what Pat B@#$#@% wrote.......
only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....
...lol......old age brings some mental issues....I like that ;)
take it easy folks....just ignore what Pat B@#$#@% wrote.......
only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....
more...
greencardfever
12-11 01:37 PM
Is it 6 months for both, EAD and AP or just EAD? If it's just EAD, then how soon can I renew my AP?
JunRN
12-28 09:32 AM
Delete your cookies. Hit the "back" button showed on the USCIS page (not the "back" button of your internet browser) and then, try it again.
That should work.
That should work.
more...
scorpioduo
04-16 04:39 PM
What is an "MTR"?
MTR=Motion To Reopen the case
MTR=Motion To Reopen the case
pappu
01-20 06:09 PM
Thanks everyone who showed up. We actually did better than we had expected.
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
Wonderful. Thanks CA chapter.
All state chapters must do the same so that we can get maximum possible letters.
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
Wonderful. Thanks CA chapter.
All state chapters must do the same so that we can get maximum possible letters.
more...
amitjoey
10-23 11:57 AM
No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
bsbawa10
09-15 05:13 PM
Love the idea. I will follow.
more...
snathan
04-01 03:18 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.
Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.
SEP03NY
08-15 02:57 PM
one of my friend file I485 on 30th July, he got receipt notice. They
have mention received on 2nd July.
have mention received on 2nd July.
more...
pappu
07-09 09:07 AM
I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
It is untrue that IV does not care for CP filers.
One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.
We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.
If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
It is untrue that IV does not care for CP filers.
One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.
We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.
If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.
pmb76
03-25 04:49 AM
This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
ImmigrationAnswerMan
06-29 10:35 PM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
optimist
03-14 09:08 AM
H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
jr8rdt
01-06 06:55 PM
I am interested with this topic as well. can somebody confirm that once we use AP to travel we can still work on H1 and don't have to invoke EAD?
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