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EB3_SEP04

08-27 05:33 PM

Hi,

My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

Thanks,

Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.

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sr123

05-25 10:43 AM

called Sen Specters Office. The staffer said she will pass it on to the senator.

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kaskar

06-19 02:02 PM

My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.

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javaconsultant

04-03 01:37 AM

Lets Do it Guys !!!!Now is the time......


NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)

Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY

Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


DOL Contacts

Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000

Mr. Paul T. Conway
Chief of Staff
(202) 693-6007

Mr. Steven J. Law
Deputy Secretary
(202) 693-6000

Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100

Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003

Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000

Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210

--------------------------------------------------------------------------------

WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th

Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

Dear Sir / Madam:

I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

I would be highly appreciated if you look into this matter as soon as possible.

Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR

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abracadabra

06-15 01:43 PM

It is law that he has to give the experience letter from previous employer

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himu73

04-09 03:19 PM

I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!

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arunmohan

07-13 02:39 AM

I am in if IV decide to file a law suit. I will contribute.

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Oasis52

05-16 08:37 AM

Hi
Thanks for the replies

Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:


You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?

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venky08

07-28 05:07 PM

quite interesting find...do you have a reference?


Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.

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factoryman

03-15 11:30 AM

through whom I filed my first year taxes in US, that you don't need to declare if your mail-in rebates, apartment referals don't cross USD 1600. I haven't read anything that this has changed.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.

I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.

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misha

07-21 02:18 PM

Misha,

Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

She gave our AP for me and my wife right away.

So I advice you to take Info pass and check.Ap what I received was in paper.

Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.

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coolngood4u80

04-15 10:50 AM

Hi All,

There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�

I can get four people for the call who are in the same boat

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lkapildev

07-17 04:43 PM

Dear Mod,

Stop people like Kumar1 to access your website. They need to know how to Respect people. He is a shame for entire Indian community. Does not know how to respect people.

He deserves to be kicked out from this forum.

Ms. Murthy may same age of his Mother. These folks do not know how to respect.

She is realistic on her message on her website and Murthy/Rajiv S Khann never engaged in any hype.

So sad to see these messages.

Have Kumar's IP and Account information ready. Ms. Murthy might be reading this thread and might need. Most of the sites tacks IPs and users system information
Regards

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kevinkris

11-10 02:50 PM

Guys,

I think they are doing it across in NY.
This is really stupid. Most of the people will not have valid stamping on an expiring passport.

San Francisco was fine. They gave me for 10 years in January.

Don't know what their policy now.




Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

I will appreciate if anyone has a solution to this problem. All answers appreciated.

I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

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dpp

10-25 01:22 PM

I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.

This is at US31 and 146th Street north of Indianapolis.

I propose 11am.

Even if there are only half a dozen of us surely we can achieve more than as individuals.

Ok, count on me and will be there at 11:00 am.

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kaisersose

07-16 11:52 AM

That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.

AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.

Like I said earlier, using EAD does not change the status.

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vivache

09-21 05:42 PM

"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)

Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)

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induk

03-20 03:13 AM

if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.

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randallemery

06-28 10:08 PM

There will be a big demonstration in support of comprehensive immigration reform outside the hearings on the immigration bills next Wednesday in Philadelphia. If there anybody would like to speak, I could try to get you on the list.

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martinvisalaw

06-29 05:14 PM

Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.

I think you'll find the answer in the FAQs on my website. I say there:

"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."

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Munna Bhai

01-10 04:09 PM

munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

what that RFE was for?? education or pay??

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