bathuzp
11-10 10:39 AM
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
wallpaper little cartoon funny fish eats
kamal
08-04 02:27 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
sss9i
06-12 10:54 AM
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
2011 Funny Fish Cartoon Female fish
rockstart
03-22 09:15 AM
Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.
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gchopefull
10-02 03:39 PM
r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
thanks
thanks
qasleuth
07-17 11:35 AM
If you are serious about discussing issues like this, I would suggest you take opinions/bias out of your arguments.
All of your below listed biases are classic anti-immigrant groups' slogans.
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
If you want a healthy discussion, do some research and provide data to support your assertions or ask for data before you make assertions. This thread will quickly turn into a bash fest against so called "unskilled" workers.
And, how do you define "unskilled/low skilled" ? as compared to what ? A Java programmer ?
I agree as well as dis-agree.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
All of your below listed biases are classic anti-immigrant groups' slogans.
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
If you want a healthy discussion, do some research and provide data to support your assertions or ask for data before you make assertions. This thread will quickly turn into a bash fest against so called "unskilled" workers.
And, how do you define "unskilled/low skilled" ? as compared to what ? A Java programmer ?
I agree as well as dis-agree.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
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The7zen
03-13 01:06 PM
I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly
Congrats....
:) please consider contributing to the FOIA funding drive and help us :)
Congrats....
:) please consider contributing to the FOIA funding drive and help us :)
2010 Fishing Ships cartoon 2
reddymjm
03-09 03:04 PM
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
You are right
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
You are right
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jasmin45
07-16 07:05 PM
There's already a thread floating in the forum to discuss this. Did you search the forum before conveniently created this dupicate thread. Please be considerate to resources on IV. It will be very difficult to desseminate the information all over the place.
Please request admins to delete this one if you could not do so.
Please request admins to delete this one if you could not do so.
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kak1978
10-26 02:58 PM
I gave you green .. be happy .. and keep helping others
Well, thank you. I am returning the favour.
Well, thank you. I am returning the favour.
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inskrish
01-23 03:36 PM
I think some of the I140 dates went backwards in Nebraska. I can't understand how it can move backwards Logically, it is impossible, but to USCIS anything is possible:-)
hot This cartoon appears on
ramus
06-03 02:51 PM
If you don't like web-fax then you can make phone call or send email with your message in it. Also please contribute to IV.
What do you think?
I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.
engineer
What do you think?
I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.
engineer
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house fishing with moses
vxg
04-19 08:16 PM
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
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sash
06-19 09:33 PM
Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?
Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?
Thanks so much.
Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?
Thanks so much.
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pictures funny birthday cartoons.
OLDMONK
04-17 02:42 PM
Filed Feb 22/06 got approved on March 7/06
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
dresses carpet-fishing.jpg - 63.58kb
tisha
11-05 03:17 PM
Hi,
I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
3. After filing the I-140 can I travel or do I need a special permission?
Thank you very much for your help
I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
3. After filing the I-140 can I travel or do I need a special permission?
Thank you very much for your help
more...
makeup A funny cartoon.
Eternal_Hope
12-21 06:30 AM
I think she should be apprised of pains in getting green cards for skilled workers from India, by ImmigrationVoice.
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
girlfriend Moses fishing. Funny Cartoons
meragcdedobhai
10-27 12:39 PM
to Motivated...
It seems like sheep when we are in touble to we are running helter skelter.
It seems like sheep when we are in touble to we are running helter skelter.
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Lasantha
07-09 01:33 PM
Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.
Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.
Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.
Oct007
11-02 12:54 PM
There are no plans for extended vacation.
I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .
I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?
I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .
I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?
TwinkleM
12-11 11:42 PM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
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