Mariam
02-24 03:39 PM
Hi everyone,
I really need somebody's advice on what to do next. Here is some info:
Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.
My achievements in athletics:
1. Been in sport for 10 years.
2. Member of the National team 2003-2006.
3. Member of the University team 2006-2010.
4. Many times National Champion and prize winner of my own country.
5. Participant of World Cups and hold medals of European Championships.
6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
Many others to go, but those are the major ones.
Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.
USCIS critique:
1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)
Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.
I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.
I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
I really need somebody's advice on what to do next. Here is some info:
Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.
My achievements in athletics:
1. Been in sport for 10 years.
2. Member of the National team 2003-2006.
3. Member of the University team 2006-2010.
4. Many times National Champion and prize winner of my own country.
5. Participant of World Cups and hold medals of European Championships.
6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
Many others to go, but those are the major ones.
Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.
USCIS critique:
1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)
Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.
I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.
I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
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gccovet
10-07 01:47 PM
H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Thank you very much. I appreciate your help.
GCCovet
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Thank you very much. I appreciate your help.
GCCovet
rajenk
11-19 06:58 PM
Courtesy copy will clearly say that it is a Courtesy copy. From what you are stating that copy seems to be from the original approval. So no worries.
Good luck at the Visa interview:)
Good luck at the Visa interview:)
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gimme_GC2006
08-06 09:58 PM
Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
But Again I am not a expert here and could be wrong, EXPERTS please advise
well...they had my finger prints on July 28th..so they started FRESH checks all over..
Which means, by the time they complete checks, PD will retrogress and then when PD becomes current they start again.
I think I may have wasted my career by not grabbing opportunities that came to me but waiting for GC to approved..I hope not to repent a lot later :mad:
But Again I am not a expert here and could be wrong, EXPERTS please advise
well...they had my finger prints on July 28th..so they started FRESH checks all over..
Which means, by the time they complete checks, PD will retrogress and then when PD becomes current they start again.
I think I may have wasted my career by not grabbing opportunities that came to me but waiting for GC to approved..I hope not to repent a lot later :mad:
more...
sushilup
07-17 01:53 PM
Hi,
I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.
Current Imiigration status:
Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
Have approved H1B for company-A since dec 2010 and stamped in passport.
My questions:
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.
Thank you.
Sushil
I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.
Current Imiigration status:
Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
Have approved H1B for company-A since dec 2010 and stamped in passport.
My questions:
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.
Thank you.
Sushil
alterego
07-06 04:35 PM
I think it means if you sent in your application then you can get a receipt by the date listed.
Atleast thats the interpretation I got from it.
Atleast thats the interpretation I got from it.
more...
royalchallenge
11-17 04:23 PM
Just got fired from my company.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
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sidbee
01-23 09:27 AM
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
more...
cinqsit
06-24 07:36 PM
You can extend apply for AP (Advance Parole) ;-) at anytime provided you have your 485 pending so there should be no "risks"
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
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snhn
03-12 04:57 PM
My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
more...
instantkarma
01-28 01:59 PM
hello,
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
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RadioactveChimp
04-09 02:56 AM
compared to your, it is a banana peel. But thanks ;)
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Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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raj3078
08-27 12:32 PM
You can claim UI... I used the benefit earlier and the UI office was very helpful. It is insurance and a public burden. It would not be held against you in AOS adjustment. But again, I am not a lawyer so my opinion is strictly mine and should not be considered as legal opinion.....
more...
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s416504
11-04 10:57 AM
Does any one knows if I485 pending people (180Plus Days) eligible for State Unemployment Benefits?
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shsharma_2000
02-08 12:39 PM
I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.
more...
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ravi98
06-25 11:24 AM
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
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adhantari
08-13 03:01 PM
I have an idea. We can make following proposal to lawmakers....
In next 2 years they can sunset EB3 catagory. In exchange for that they will give visa numbers enough for everyone whose EB3 485 is pending or in pipeline(labor, 140)
What you guys think of this idea?
Anyways there are lot of people who just want to keep EB1 and EB2 catagories. We may get support from them with this proposal......
In next 2 years they can sunset EB3 catagory. In exchange for that they will give visa numbers enough for everyone whose EB3 485 is pending or in pipeline(labor, 140)
What you guys think of this idea?
Anyways there are lot of people who just want to keep EB1 and EB2 catagories. We may get support from them with this proposal......
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posmd
04-02 12:48 PM
The question is when.
Before or after the fall elections.
The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.
If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.
If there is deadlock then this issue will be pushed to until after the elections.
That's my take on things.
Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.
Sad for us we are stuck in this politics.
Before or after the fall elections.
The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.
If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.
If there is deadlock then this issue will be pushed to until after the elections.
That's my take on things.
Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.
Sad for us we are stuck in this politics.
mrdhoni
08-29 10:47 AM
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
Thanks for the reply. If my labor/i-140 is approved by December 2010, can I continue to stay in US?
Thanks for the reply. If my labor/i-140 is approved by December 2010, can I continue to stay in US?
thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
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