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starscream
01-13 12:40 PM
Hi oaktree,
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
wallpaper arnold schwarzenegger
willwin
05-21 10:00 AM
The reason why they are not talking about EB is there is nothing to talk.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
gcformeornot
06-07 11:44 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
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confu
12-04 02:25 PM
Noticed this article today. Thought some of us would love to roll your eyes over it.
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
:):):)
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
:):):)
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rajeshalex
11-18 07:07 PM
you can check with info@alexys.us... They can help you to get the appointment.
My H1b I did through them..
Rajesh
My H1b I did through them..
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harivenkat
05-05 12:16 PM
Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)
Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT
A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.
If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.
The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.
Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.
The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.
"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.
Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.
Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.
But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.
Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.
Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.
But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."
There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.
"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."
Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.
About the bill
If passed, House Bill 2479, would:
# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.
# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.
# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.
# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.
According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.
Click here to read the full proposal.
Political outlook
In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.
Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.
But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.
State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.
"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.
Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT
A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.
If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.
The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.
Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.
The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.
"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.
Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.
Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.
But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.
Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.
Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.
But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."
There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.
"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."
Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.
About the bill
If passed, House Bill 2479, would:
# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.
# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.
# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.
# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.
According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.
Click here to read the full proposal.
Political outlook
In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.
Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.
But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.
State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.
"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.
more...
ski_dude12
12-02 01:10 AM
This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
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amitjoey
07-20 02:04 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
That is a good question, do not know what you would have to do in that situation.
That is a good question, do not know what you would have to do in that situation.
more...
coolpal
02-09 10:02 AM
****SPAM ALERT!!!*****
Block the posts from the new spammer member "iamlove649". He/It is posting messages with some advertising at the end to all the threads...
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klpd4dc
08-20 02:35 PM
Thanks a lot for your reply. Quoting the site further here:
<QUOTE>
What is the A# and the Alien Registration Number? Are they the same thing?
Yes, these are two terms for the same thing. The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
</quoting>
But I guess visa number is a different thing from an A#. Thanks again for your reply
<QUOTE>
What is the A# and the Alien Registration Number? Are they the same thing?
Yes, these are two terms for the same thing. The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
</quoting>
But I guess visa number is a different thing from an A#. Thanks again for your reply
more...
Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
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gc_chahiye
12-18 04:24 PM
What do you mean? An approved I-140 suddenly got reversed decision and was denied? Haven't heard of such cases. Can you please show me the link? thanks!
this was posted on IV recently:
Approved I-140 revoked after 2.5 yrs
http://immigrationvoice.org/forum/showthread.php?t=15993
this was posted on IV recently:
Approved I-140 revoked after 2.5 yrs
http://immigrationvoice.org/forum/showthread.php?t=15993
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snhn
11-06 11:55 AM
WEre there any LUD on your case before you all got them.
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clif
10-15 07:41 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
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yabadaba
07-18 11:00 AM
i google checked out $100... lets all do this....think of it as 3 flower bouquets to IV.. plus no shipping charge.
lets all contribute!!!!
lets all contribute!!!!
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krustycat
10-24 10:40 AM
I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
On July 9 my application was received in NSC and was signed for by F HEINAUER.
107 days and counting... :(
The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
On July 9 my application was received in NSC and was signed for by F HEINAUER.
107 days and counting... :(
more...
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crystal
03-30 10:53 AM
respone below
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
They will be on Adjustment of status after h4 expiry .
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)
I would appreciate some wisdom here.....
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
They will be on Adjustment of status after h4 expiry .
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)
I would appreciate some wisdom here.....
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go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
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knnmbd
03-24 08:55 PM
Guys!! I have no idea what can bring sense to all of us and unify our voice. America is not our " Fathers or In -Laws " house to give or grant what we want. There is a reason behind why STEM has been established...because there is a shortage for highly skilled and intellectual people. They dont need any software engineers because the golden period of 90s for tech boom is done....now the boom is in BANGALORE!!! So guys jobs have been outsourced and there is no big demand for the techies...and we all know it..DONT WE??? Coming to MBA's i have mentioned this in my earlier post too, there are so many MBAs already here and nstead of mindlessly saying we want MBA's included or we should get EADs for H4 or the next Pope should be an H1B waiting for GC, we should concentrate on efficency of USCIS, increasing the number of Visas rather than adding clauses based on our whims and fancies. America needs Engineers, Scientists, Mathematicians, Biologists, Professors who will bring about innovation and be involved in research because thats what drives a country. What can we techies contribute other than programming which by the way people in INDIA are doing for less if not any better. Just by paying taxes we cant call what they are doing is unjust against human rights ...etc How many of us tried to write or call our own Netas in India against corruption or any other slight problem.When we didnt exercise our right there...this country is not even ours how can we expect them to show pity on us and include the clauses we want. We have to our earn the rights to get permanent residency and for that if one has to get a Masters Degree maybe thats the price. A lot of Students come to America on F1 by spending on an average 15000 t0 20000K and sometimes more and after the downturn when there were no jobs some of these students even paid for a second masters and even Phds without aid when we in california raked in sign in bonuses and all other moolah. Maybe this is the pay back time for people with advanced degrees and lets all accept it gracefully. I know each of us want to continue to live the good old American dream but although the truth is bitter lets be rational with our demands and work towards an educated goal.
srikondoji
10-15 05:37 PM
The way the government is trying to make money by first increasing H1-B fee and then adding premium processing and then adding I-140 premium processing, it looks like we are not too far from premium processing everything in GC(I-485 etc).
They could introduce a jumbo offer for $20,000 and you get GC within few days.
They could introduce a jumbo offer for $20,000 and you get GC within few days.
chanduv23
09-14 04:50 PM
Come on folks - follow your heart
SEE YOU ALL THERE IN DC
SEE YOU ALL THERE IN DC
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