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Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system

We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.

Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.

No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.

First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(

Hope things work out well for you.

I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

why more filers in Sept than June? I thought most PDs were better in June than in Sept...

How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?

I guess I will ask you the same...is that true both for H1 transfer and EAD?

Thanks

As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.

E-mail Matthai Chakko Kuruvila at mkuruvila@sfchronicle.com

I don't think it has anything to do with H1. I think its just a mistake on their part that they issued this to derivative instead of principal applicant. This is because they are asking for intended permanent employer letter and that terms of LC /I-140 is same. This seems typical of standard employment letter RFE that is issued to the principal applicant.

Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.

Hi Guru's

My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.

RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.

But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.


But surprised to see this denial letter.


My attorney is confident that we would win the case if we appeal against the decision

what are my alternatives now and how long is it taking now to process this appeal.

What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?

You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).

Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)

So basically you are saying you cannot sue the people responsible for greencard problem.

I think the only option left is to either sue God or sue yourself for your bad luck.

I cannot make it to the rally but will contribute 100$ towards the efforts.

Thanks

Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.

See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories

I totally agree, but as if there isnt a backlog at I-140 right now!! its been more than an year since I filed my I-140 ..I see a couple of LUDs but no approval in sight!
Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).

Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.

I found an interesting article on AC21 portability in cyrusmetha.com

Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------

Experts please discuss....

Sign this petition on Sen Kennedy's website in support of immigration reform:

http://www.tedkennedy.com/fightforfairness

It may help...

I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .


Take a paid consultation with Murthy.com if you can ask for Murthy only.
Good Luck.

See you there on Sunday

Dear IV Members,

I know this is an immigration forum but I thought if I can get some valuable advice.

A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.

Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.

Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth

Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......


I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?



Thanks

I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards

Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?

How do you think I should go about confirming or getting more information regarding this?