svr_76
03-11 05:27 PM
Probaby you didn't see the whole list...
From Your Petitioner:
• A copy of the petition with all supporting documents as filed to USCIS.
• A copy of the employment contract or letter of agreement signed by you and the petitioner.
• Petitioner’s Income Tax Return for the last two tax years and financial statements.
• A notarized list of all the petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
• State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
• A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
• A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
• A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
• A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
If this was a genuine/valid employement shouldn't the peitioner/employer really have all of the above documents with them ?
From Your Petitioner:
• A copy of the petition with all supporting documents as filed to USCIS.
• A copy of the employment contract or letter of agreement signed by you and the petitioner.
• Petitioner’s Income Tax Return for the last two tax years and financial statements.
• A notarized list of all the petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
• State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
• A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
• A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
• A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
• A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
If this was a genuine/valid employement shouldn't the peitioner/employer really have all of the above documents with them ?
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desi485
07-25 01:01 PM
:rolleyes:Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
SANBAJ, congrates finally your suffering in GCJourney came to an end!!!
I have only 1 CG application and no question to interfile (read jealous:)), but after reading this thread, one my co-worker also from india asked this.
She is waiting for GC for more than 5 years, has 2 different I-140s. But should she go for interfilling? Let me ask this question to fellow sufferers.
Our company lawyer never answers question in details, and is not responding on this. She will have to send directly to USCIS in case...
First I-140 - Company A - EB3 - PD July 2003 - approved June 2007 - nothing further, she has the copy of I-140 approval notice though.
Second I-140 - Company B - EB2 - PD Jan 2006 - approved April 2007 - currently filed in july 07
Even after so much begging, the lawyer refused to entertain her and did not asked for PD transfer.
Her husband is working using EAD since last year, is not in H4 status anymore. This is why she is extremely cautious and not taking any chance with her pending I-485. (afraid to interfile all these days.)
What can she do now? I know her EB2 is current as if August 2008, so that is another factor to consider.
Thoughts?
H1B-GC
05-15 12:28 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
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dingudi
11-09 02:11 PM
Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's
I dont think thats true. I know lot of people whose priority dates , are in 2006 and 2005 and they have received their FP.
I dont think thats true. I know lot of people whose priority dates , are in 2006 and 2005 and they have received their FP.
more...
needhelp!
08-28 09:59 AM
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
Buck up other states..
Buck up other states..
kc_p21
02-25 06:15 PM
I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.
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ujjvalkoul
07-27 02:55 PM
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
So they call to see if USCIS may be able to lookup their case by Last name or something......
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venkygct
09-05 10:54 PM
Folks who are yet to decide, ACT FAST and book your tickets. More than 100's of folks are joining from Northern CA itself. Its going to be a historic event. Dont miss it !!!
If you need financial assistance to join the rally, please vote your requirement in the following poll
http://immigrationvoice.org/forum/showthread.php?t=12441
I request all the folks who have booked their tickets from CA to vote in this poll....
Thanks
--Venky
If you need financial assistance to join the rally, please vote your requirement in the following poll
http://immigrationvoice.org/forum/showthread.php?t=12441
I request all the folks who have booked their tickets from CA to vote in this poll....
Thanks
--Venky
more...
bikram_das_in
07-13 01:58 PM
Congrats for you phenomenal journey. Appreciate your contribution and continued effort for IV. Thank you.
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guchi472000
05-31 03:58 AM
Yes... 368:)
Keep voting guys........ Lets see it will help or not......
Keep voting guys........ Lets see it will help or not......
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eb3_nepa
03-16 03:47 PM
Kudos to guys like Ragz4u and the rest of you who are following these articles so dilligently. Keep up the good work.
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ramaonline
08-07 11:14 PM
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
more...
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arvindkappula
01-18 04:04 PM
OK... now my primary project/goal from my side for this weekend is to make sure letter from my friends and known resources did their hand written letters to President or check if if they already did and worst case scenario make them print those letters sign them and mail to white house & copy to IV... I am pretty sure all our effort will NOT GO WASTE!!
You all are doing great job!! I may end up mailing few more letters from my side and see how quickly I can finish my stamps roll.....:D
You all are doing great job!! I may end up mailing few more letters from my side and see how quickly I can finish my stamps roll.....:D
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bharol
08-10 01:47 AM
Waiting and hoping..
more...
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seahawks
08-17 10:33 AM
U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?
yes I have, I have been a contributing member from Apr 2006 when there just a handful of members. I have so far contributed 450 dollars in regular intervals of 100, 50. We also took up the talk to senator campaign in our state and met our 13 district congressman and senators from WA and explained IV's position. I have also provided input to IV core on how to contact them in DC. My wife regularly posts IV messages in orkut where she is an active member. I used to put my contribution in my signature until I read a post where people were complaining on putting up the signature. I plan to use my miles for me and my wife to go to DC if I get my time off approved. I had planned to go on 13th. I have gotten 10 contributing members to join IV so far. If you still have doubts on my IV contributions, let me know and I will be more than happy to do a public disclosure on my funds contributed!
FYI:- My big signature is to provide information for people who are interested in, it is not open for critique:)
yes I have, I have been a contributing member from Apr 2006 when there just a handful of members. I have so far contributed 450 dollars in regular intervals of 100, 50. We also took up the talk to senator campaign in our state and met our 13 district congressman and senators from WA and explained IV's position. I have also provided input to IV core on how to contact them in DC. My wife regularly posts IV messages in orkut where she is an active member. I used to put my contribution in my signature until I read a post where people were complaining on putting up the signature. I plan to use my miles for me and my wife to go to DC if I get my time off approved. I had planned to go on 13th. I have gotten 10 contributing members to join IV so far. If you still have doubts on my IV contributions, let me know and I will be more than happy to do a public disclosure on my funds contributed!
FYI:- My big signature is to provide information for people who are interested in, it is not open for critique:)
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shana04
02-12 06:32 PM
USCIS TEXAS SERVICE CENTER
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227
RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:
Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)
The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21
Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx
more...
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satishku_2000
09-19 03:16 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
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betoaguirre
03-23 10:15 AM
I have received the information package from Varsha and sanjay and need to know if there is someone from Oklahoma who wants to join me and a couple more to meet the lawmakers. Please send pm.
Thnx..
Thnx..
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prioritydate
08-05 07:42 PM
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
mariusp
06-05 09:46 AM
Please read this: http://immigration-information.com/forums/blog.php?b=9
and look at the date when it was posted. Is it a coincidence that IV started a similar initiative two days later? could be... but he deserves some recognition. Ron is an immigration lawyer and not a 10k member organization such as IV so he does what he can, and in my opinion provides a good free of charge, service to the community, something that I don't see a lot of other people doing.
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
and look at the date when it was posted. Is it a coincidence that IV started a similar initiative two days later? could be... but he deserves some recognition. Ron is an immigration lawyer and not a 10k member organization such as IV so he does what he can, and in my opinion provides a good free of charge, service to the community, something that I don't see a lot of other people doing.
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
longq
12-26 03:19 PM
Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
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