angelfire76
04-23 01:20 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.
The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.
No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.
To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.
The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.
No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.
To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.
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zCool
04-01 03:40 PM
Looking at your scenario
Moving to another employer and keeping 485 alive is only theoretical option to you.
In reality and practical terms your plan is fraught with risks and is probably not worth it.
If your situation isn't dire and current employer is paying on time and this next employer is not "once in a life-time" type of opportunity.. STAY!
Moving to another employer and keeping 485 alive is only theoretical option to you.
In reality and practical terms your plan is fraught with risks and is probably not worth it.
If your situation isn't dire and current employer is paying on time and this next employer is not "once in a life-time" type of opportunity.. STAY!
greencardvow
07-31 04:56 PM
you can't once it is rejected.
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
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RajWantsGC
05-12 09:57 PM
Hello Gurus,
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?
Any help will be highly appreciated.
Thanks
Raj
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?
Any help will be highly appreciated.
Thanks
Raj
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Hong12
12-14 12:29 AM
Thanks for a quick response. I checked with my lawyer, and he said that this petition letter is the one they sent to the USCIS, which got approved on the H1 Recapture. This petition letter has somebody else�s education, work experience and job duty on it. The application sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name on it. So, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. My lawyer does not give me any advices at all. Please advise what I should do for the interview at US Consular due to my petition letter, which contains somebody else�s background on it. Do I have to resubmit again? Will I get rejected? Are there any better options for me? Thank you very much.
techbuyer77
06-20 01:13 PM
However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
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sac-r-ten
07-30 02:04 PM
Sorry to hear about your "unique" situation. I guess you should hire a attorney and talk in person, since attorneys here for not helping.
Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
I wish you get out of this mess soon.
take care.
thanks.
Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
I wish you get out of this mess soon.
take care.
thanks.
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yabadaba
08-14 01:02 PM
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
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anilsal
01-28 12:25 AM
What about others?
Ready to file your EAD/AP renewal? :cool:
Ready to file your EAD/AP renewal? :cool:
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vamsi_poondla
09-10 10:00 AM
I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.
I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.
I would love to order online. But starting from Tampa on Friday itself. Is it possible to offer some at DC. I will definitely buy it. (I am sure many will buy)
I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.
I would love to order online. But starting from Tampa on Friday itself. Is it possible to offer some at DC. I will definitely buy it. (I am sure many will buy)
more...
alex99
06-28 03:12 PM
As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
Sample Format:
DATE
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508
Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX
Dear Sir/Madam:
This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.
He will be managing XXXXXXXXXXXXX(according to Labor approval)
It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.
Yours Sincerely,
XXXXXX
XXXXXX
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coralfl
04-17 03:10 PM
My suggestion would be get 3yrs extension and then find a new job, new employer, start from the scratch. What I could gather reading your email that the contract suggests that " that upon I become a permanent resident..." (2nd sentence in your mail). My understanding reading your email as you have written that the contract will not be in force untill you get the GC.
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Dipika
08-14 01:10 PM
Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.
But i noticed, All approved cases are clear, means no RFE in any stage.
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whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
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senk1s
05-08 01:40 AM
In our case (also Jul 2007) the Dr gave sealed envelopes ... and we gave it to our attorney.
What did yor attorney say about this RFE?
What did yor attorney say about this RFE?
dresses Bad Teacher.
ramus
06-22 05:52 PM
It is free. I just got 8 photos done from AAA.... But I am plus member..
But even for regular member you should get 6 photos.
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
But even for regular member you should get 6 photos.
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
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makeup Bad Teacher, comes out June
kirupa
01-21 11:19 PM
I will go ahead and host them! Just give me a few hours...or days! :P
I was planning on hosting the entries for the final poll.
I was planning on hosting the entries for the final poll.
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hydubadi
03-31 12:19 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
How to dispute against this fake criminal record in background check.
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optimist578
04-30 10:43 AM
You are there for a long wait..mine was filed in dec and still pending.
My receipt date was 1st Dec and I got approval notice on April 25th.
My receipt date was 1st Dec and I got approval notice on April 25th.
saro28
08-31 08:25 PM
I received FP notice today towards I485, not sure what for :confused:
xela
04-23 01:40 PM
mhmm mine was sent on June 31 for July 2nd delivery to NSC and the receipt came from California in Sept. But my official receipt date was still July 2nd which is when NSC stamped in their mail room before they forwarded it on.
make sure that your forms do not reflect something similar. your RD is when they got it in their mailroom not when they sent recipt notice.
I am still waiting, last time I called them my case had yet to be assigned to someone....phhhhhhh
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
make sure that your forms do not reflect something similar. your RD is when they got it in their mailroom not when they sent recipt notice.
I am still waiting, last time I called them my case had yet to be assigned to someone....phhhhhhh
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
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