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You need to connect with company A and get your documents to prove 2 year experience.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.

It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.

If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.

now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).

You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.

Please let me know.. This is urgent for me right now.
Thank you all.

Hi Arvin_H1,

I have an MS degree in Materials Science & Engg, but work in IT. My 1st H1 transfer was denied, but the 2nd time it was approved with lesser documentation. Although I feel I am qualified in my capacity, of course I am very Thankful & Grateful (for now, I still have a long ways to go :p) Go figure, that is USCIS!! PM me if I can try help you further. Don't worry, there is always hope.

wandmaker is absolutely correct, the I-94 date is critical. PM us for further clarification.

Permit me to differ....with ND Bhatt.
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.

The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.

You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.

That said, hang in there. Enjoy life while in the queue.
Best

How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

thanks,

I don't get it - where are the rest of the 2468 members?

Can we send out a blast (through Pappu) to everyone on this forum?

Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

Those are the people who don't deserve GC!

See my signature

Done :)

Hi,

I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

How long will it take to clear labour?

Thanks for valuable suggestions

my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!

If you dont mind, can you keep us updated.
I will really appreciate that.

Sure I will. Hope this soft LUD is not a big deal.

I just spoke to my attorney. He told me that he also have the same information that we guys know. He told he is on top of this (keeping track of the developments). He also told me according to him..that the revised july visa need not necessarily come out on 2nd or 3rd. it may be now or mid july. He also told me..there might not even be a revised bulletin. Nobody is sure. He told he is tryin to rush in his applications. Told me..mine was going out today.

janakp,

Almost 100% of your posts have this putting_cold_water on_ones_enthusiasm flavor to it.

Know that there is a skill in even lettting your "pearls of wisdom" be delivered in a non-negative but effective fashion.

For once learn it !

The OVERFLOW from EB1 and EB2 is directly going to EB3!

Yes, however, i think the overflow from EB1 and EB2 goes to EB3 from other countries than Indian or China.

Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.

You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.

We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.

If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.


Hi,

My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

1. Have any of you been in this situation and had your case reopened and if so, how?

2. Can I change my attorney in this situation and have him/her try to get the case reopened?

Any advice would be much appreciated.

Thanks.

:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?

Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).

You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.

I am July 2 filer. My EAD and AP was filed later in August. I got my EAD and AP receipts but I am yet to get I-485 receipt. Has this happened to anybody else? Is it possible to get 485 case number from the EAD or AP case numbers?

you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.

Thanks for the info.

Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD

USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.

Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.

I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?

I heard I-140 premium processing has been restarted. Is it true?

BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".

pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality

I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.

That's a nice idea. Who has orkut membership ?

What about sending one more Fax to congressmen and senators ?