GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
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fernandoamat
11-17 09:31 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
jcrajput
06-25 11:36 PM
Thank you so much for your reply.
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royus77
06-26 01:25 PM
My H1 for 3 yr Ext got aPPROVED TODAY
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k_confused
08-16 07:57 PM
But it is too late now :(
eastindia
03-04 01:00 PM
What is donor forum. How to access that?
Click on donate button and sign up for monthly recurring contributions. You will know lot of information about IV activities.
Click on donate button and sign up for monthly recurring contributions. You will know lot of information about IV activities.
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rbalaji5
01-10 08:10 PM
Friends,
Our (Me / Spouse / Kid) I-485 is pending approval and our priority date is May 2007 EB2 India. I am planning to send my spouse and Kid to India for kid education. I do not want to cancel their I-485. They may stay in India till I get my GC :=) ( I dont know when)..
Initially I thought of bringing them to US every year to renew the AP. But It is expensive for me and I am thinking it is not a wise idea.
I am thinking of applying the Consular processing only to Spouse and Kid in India. They are dependants to me. I am the primary applicant. Is it possible/allowed to apply consular processing only for dependants and keep the Primary applicant in AOS
Thanks
Our (Me / Spouse / Kid) I-485 is pending approval and our priority date is May 2007 EB2 India. I am planning to send my spouse and Kid to India for kid education. I do not want to cancel their I-485. They may stay in India till I get my GC :=) ( I dont know when)..
Initially I thought of bringing them to US every year to renew the AP. But It is expensive for me and I am thinking it is not a wise idea.
I am thinking of applying the Consular processing only to Spouse and Kid in India. They are dependants to me. I am the primary applicant. Is it possible/allowed to apply consular processing only for dependants and keep the Primary applicant in AOS
Thanks
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Blog Feeds
06-24 09:20 AM
For many naturalized citizens, service in the United States military was the key to earning that citizenship. In fact, approximately 1,000 foreigners have earned their United States citizenship through military service since the Department of Defense initiated the Military Accessions Vital to National Interest (MAVNI) program after the 9/11 attacks.
The MAVNI pilot program expands upon a current Defense Department program that provides citizenship opportunities to those serving in the military who also hold green cards. In contrast, MAVNI provides a fast-tracked path to citizenship to those serving in the military who have been in the United States legally for two years or more, possess language or medical skills that are in high demand, but do not hold green cards.
Similar programs were initiated during World War II and the Korean War. These programs were crucial in fast-tracking immigrants toward citizenship following their service in the military.
For more information on the Department of Defense, please visit www.dod.gov (http://www.dod.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/XPNt7ZtGQfo/)
The MAVNI pilot program expands upon a current Defense Department program that provides citizenship opportunities to those serving in the military who also hold green cards. In contrast, MAVNI provides a fast-tracked path to citizenship to those serving in the military who have been in the United States legally for two years or more, possess language or medical skills that are in high demand, but do not hold green cards.
Similar programs were initiated during World War II and the Korean War. These programs were crucial in fast-tracking immigrants toward citizenship following their service in the military.
For more information on the Department of Defense, please visit www.dod.gov (http://www.dod.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/XPNt7ZtGQfo/)
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rkdownload
09-10 11:18 PM
One of my friend left US for India in March 2006 with pending H1b extension. Applied for Visa stamping for existing petition which was due to expire in July 2008. Could not get his visa stamped due to 221g. Now his H1b extension is pending as USCIS is asking too much in RFE like client certificate etc and his sponser is not willing to persue further due to complexities (His employer is one of the following companies mentioned in http://durbin.senate.gov/showRelease.cfm?releaseId=295338) and asked him to assume this relationship to be terminated. Though he recieved the email yesterday his 221g is cleared.
Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.
Thanks
raj
Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.
Thanks
raj
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JAFO
04-13 04:19 PM
I'm new here and hope this is posted in the right forum.
I got my ASC Appointment Notice ( case type: I 90 Application to Replace Alien Registration Card) and need to show up to the Milwaukee USCIS office this Friday at 8a.m. for photo ID, biometrics, etc.
Problem is, the USCIS website says the office is closed on Fridays. Other websites say the office is open on Fridays (but they were updated over a year ago), and an immigration attorney website says the office is open Fridays but only until 12.
What to do?
I have to drive three hours just to get there . Do I go anyways and risk it?
The 1800 telephone numbers are no help and any local phone number is useless.
Anybody have suggestions or similar experience. Thanks. JAFO.
I got my ASC Appointment Notice ( case type: I 90 Application to Replace Alien Registration Card) and need to show up to the Milwaukee USCIS office this Friday at 8a.m. for photo ID, biometrics, etc.
Problem is, the USCIS website says the office is closed on Fridays. Other websites say the office is open on Fridays (but they were updated over a year ago), and an immigration attorney website says the office is open Fridays but only until 12.
What to do?
I have to drive three hours just to get there . Do I go anyways and risk it?
The 1800 telephone numbers are no help and any local phone number is useless.
Anybody have suggestions or similar experience. Thanks. JAFO.
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Jaime
09-12 02:59 PM
http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560
Thanks
Thanks
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fasterthanlight�
05-16 04:20 PM
Font could definately use some work. I'm so sick and tired of times new roman being everywhere. The only thing its good for is essays.
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pinak32
01-18 11:02 PM
I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.
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HalfDog
03-26 12:52 PM
Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)
Pencils and graphite are synonymous. 2B 2H 6B blah blah
Pencils and graphite are synonymous. 2B 2H 6B blah blah
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pappu
11-12 06:14 PM
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
Could you please tell me what I am supposed to do ?
Thanks,
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
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waitingimmigrant
10-27 03:05 PM
Illinois Congressman: Immigration Reform Cannot Wait : NPR (http://www.npr.org/templates/story/story.php?storyId=114199526)
President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.
President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.
more...
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zico123
05-17 11:02 AM
BBC news article: http://news.bbc.co.uk/2/hi/business/6665913.stm
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
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mkumar
04-20 07:54 PM
thank you
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gccovet
11-20 01:00 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Beautifulmind,
I was not sure, hence I asked you to check with a good attorney. Will your work be different then described in your LC?
Did not mean to create confusion for you.
Good luck.
GCCovet
Beautifulmind,
I was not sure, hence I asked you to check with a good attorney. Will your work be different then described in your LC?
Did not mean to create confusion for you.
Good luck.
GCCovet
hundal81
05-23 12:23 PM
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
s416504
02-18 08:29 AM
DELTA say Goodbye To Mileage Expiration
Effective January 1, 2011, Delta has eliminated mileage expiration policy so you can earn and redeem miles without worrying if and when your miles will expire.
What's Ahead with SkyMiles (http://www.delta.com/skymiles/about_skymiles/skymiles_program_updates/index.jsp)
Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.
Effective January 1, 2011, Delta has eliminated mileage expiration policy so you can earn and redeem miles without worrying if and when your miles will expire.
What's Ahead with SkyMiles (http://www.delta.com/skymiles/about_skymiles/skymiles_program_updates/index.jsp)
Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.
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