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Please help me with my case.

I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.

The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.

the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.

So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.

My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.

My attorney advised not to care about the online status as we had the receipt copy with us.

I am new member to this forum. My friend referred me here.

I have a very unique case scenario and need help if anyone is aware of this.

Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.

Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.

The letter talks about VISA application registration. To file for I-485 you need a visa number available for you. The letter states that you currently have one and you should apply...meaning file (1-485 form which is Application To Register Permanent Residence or Adjust Status) within one year from the date of the letter.

Registration itself means a visa number will be unvailable and you cannot use your old PD. You have only one year from the date of letter to use the visa number with that PD.

You should get your new labor approval within this one year limit and can file for I-485. I suggest that you should file perm because you never know when the BPC will approve that labor. Perm max will be approved in 6 months time(Most case)

In the end you trust your attorney. Talk to a good lawyer...

PD = May2004
485FilingRcpt Date : Aug 21, 2007

I was eagerly looking for 485 processing date to move forward
from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
and let the processing dates move forward.. :)

Also, even if the visa numbers advance, I have to cross the 485 processing
date first... is that right?
Or, what happens if my 485 is not yet processed but the bulletin makes
my date as current? :confused:


Thanks and Regards,
Chatterjie

I guess N +1 syndrome :-)
And you know this how?:confused:

Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?

I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.

PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.

My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)

Please let me know his options!

1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?

?

EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.

Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.

In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.

If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.

Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.

I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.

There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.

And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.

Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)

Just contributed $100 through paypal. ID: 78D447032J342041H

Please, do the same. It is critical to get IV going further.

rumour say retrogression may lift on march 2009, is it true????

Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards

what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.

yes there is. CALL YOUR LAWYER

There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

Nowhere did I say I am not sure. In fact I am as sure as it can get :)

The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.

For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.

Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.

If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.

Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.

When you try to restrict by country or Country of charge, it doesnt bring back any results.

Also, if you try to sory by priority date, the sorting doesnt seem to work.
=======================

Please keep sending all bugs and requested features in a PM.

A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better

Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

Admins go through users with most red dots occasionally
- Admin

=====================

Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
--sri

PLEASE DIGG

http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants

i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

thanks

Thanks so much for the info, satishku_2000. That is very good info.

My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!

Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same.

If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.

Would you please give me as much info as you can cause I am seriously thinking about this option.

Thanks in advance.

You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]

If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.

- gs