kittydesire
Registered Users (C)
I remember that we can write email to inquiry our case, right? does someone know what email? thanks a lot
azamani123 said:I have applied on Nov. 15th. I have not recieved any reciept for I-140 nor I-485. but I have recieved my AP.
perm_faq said:azamani123,
You have received AP. Correct!
That itself is a receipt of your 485 petition. Agree? Because, they cannot issue EAD/AP (immigration benefits) unless they see 485 application is pending with them.
Iam quite sure, CSC is struggling with the backlogs.
kittydesire said:I remember that we can write email to inquiry our case, right? does someone know what email? thanks a lot
gp111 said:email to csc at CSC-XII.485@dhs.gov and ask what is the status . . It takes them ~1 business day to respond to your email.
perm_faq said:azamani123,
You have received AP. Correct!
That itself is a receipt of your 485 petition. Agree? Because, they cannot issue EAD/AP (immigration benefits) unless they see 485 application is pending with them.
Iam quite sure, CSC is struggling with the backlogs.
perm_faq said:gp111
Did you see -or- notice any difference in emailing, rather than calling them over toll free number?
gp111 said:Yes.. One Big difference.
When you call, you talk to a "Customer Service Agent".. who has only visibility to status..
When you email, you get response from actual Center Adjudications Officer
Div XII, California Service Center. Who has visibility & power to take further step.
shahramt said:do they reply to the applicant or the lawyer should send the email?
gp111 said:Yes.. One Big difference.
When you call, you talk to a "Customer Service Agent".. who has only visibility to status..
When you email, you get response from actual Center Adjudications Officer
Div XII, California Service Center. Who has visibility & power to take further step.
azamani123 said:perm_faq
I have also another question: what happens if I go out of US and come back with AP. but till that time I don't receive my EAD? I mean when you aer entering to US you have to have EAD or no still you are on H1B?
EB-U2 said:Hi all,
I am facing a serious problem with my I-140 and I really appreciate any
information which may help me to make the best decision.
My attorney filed my I-140 under EB2 category but with a terrible mistake!
On my PERM labor cert. he has mentioned MS plus 1 year experience which seems ok for EB2 but the problem is that -for god knows what reasons-
he has mentioned BS + 3yrs experience as an alternate requirement.
We had a big argument before filing I-140 but he ensured me there is nothing to worry about!
I finally got an RFE on Feb 2nd and the letter came on 7th. The RFE basically concerns about EB2 Job requirement. Here is what we got on RFE:
“Minimum Education and experience less than advance degree”
It appears that the petitioner has filed for the wrong classification.
The minimum requirement listed on the form “ETA-750”, part A is less than an advanced degree or the equivalent………….
Anyway my smart! Attorney is going to reply the RFE and he believes he can win. He thinks that the requirement and alternate requirement which is new
in PERM are equivalent and is good enough to satisfy one at the time.
I really don’t get his logic!
At the same time he is going to file another PERM for me without that mistake so in case we lost this we have a chance to file another I-140 which qualifies for EB2 and hopefully link it to the current I-485.
The main issue is that I have traveled with my AP which I got last Sep. Now I am on AOS and I can be out of status if we don’t win the RFE!
So that’s why he is going to delay replying the RFE until we have other options lined up. But I thin the safe action is going back to H1 status asap.
Any idea if he can win or not? Any similar case?
All the suggestions are appreciated.
By the way I did hold MS plus 3yrs of experience before joining the current company.
EB2-CSC
PERM Applied: 7-14-05, AD: 7-29-05
I-140/I-485/EAD/AP: ND: 8-24-05
AP: AD: 10-04-05
EAD: AD: 9-25-05
I-140: LUD: 2-1-6, 2-2-6. RFE rcvd: 2-7-6
EB-U2 said:Hi all,
I am facing a serious problem with my I-140 and I really appreciate any
information which may help me to make the best decision.
My attorney filed my I-140 under EB2 category but with a terrible mistake!
On my PERM labor cert. he has mentioned MS plus 1 year experience which seems ok for EB2 but the problem is that -for god knows what reasons-
he has mentioned BS + 3yrs experience as an alternate requirement.
We had a big argument before filing I-140 but he ensured me there is nothing to worry about!
I guess, since you have MS+3 years, you got through PERM. And he "mistakenly" filed I140 saying MS+1 -or- BS+3 years triggered RFE. It has tobe Ms+3 -or- BS+5 to meet EB2 category. So thats the mistake on your Attorney's part. He has to admit that, there is no way he can argue that his "logic" is right and yours wrong. Because BS+3 cannot be "equivalent" to Ms+1. Also, check how your PERM was filed? Is it meeting primary qualification or Alternative?
I finally got an RFE on Feb 2nd and the letter came on 7th. The RFE basically concerns about EB2 Job requirement. Here is what we got on RFE:
“Minimum Education and experience less than advance degree”
It appears that the petitioner has filed for the wrong classification.
The minimum requirement listed on the form “ETA-750”, part A is less than an advanced degree or the equivalent………….
- It is unfortunate.
Anyway my smart! Attorney is going to reply the RFE and he believes he can win.
He is absolutely wrong. USCIS is rule based, not logic based. I don't know what is that he can argue? I doubt his experience as immigration attorney. Because, there is nothing changed recently as far as 140, 485 is concerned. Only DOL implemented and implementing lot of changes since last year and half. There is one more change with DOL today, regarding "labor substitution". I don't know why your attorney messed-up the things when there is nothing has changed so far on 140, 485 front. Thats interesting!
He thinks that the requirement and alternate requirement which is new
in PERM are equivalent and is good enough to satisfy one at the time.
I really don’t get his logic!
PERM/labor certification does not know EB2 or EB3 category. USCIS decides that.
At the same time he is going to file another PERM for me without that mistake so in case we lost this we have a chance to file another I-140 which qualifies for EB2 and hopefully link it to the current I-485.
This is another mistake. How can you use 485 when its 140 is denied. 485 gets denied right-away. You will not be able to use PD either.
- If you are re-doing the PERM process all-over again, you have to advertise with MS+3 or BS+5 years, not like what you have done with MS+1 -or- BS+3 requirements.
The main issue is that I have traveled with my AP which I got last Sep. Now I am on AOS and I can be out of status if we don’t win the RFE!
YES. The moment USCIS denied 485, you will loose all those benefits. Meaning....timer tick starts counting "illegal status". Beware of that. its quite dangerous than any thing. Iam not making you more worry, but telling whats what
So that’s why he is going to delay replying the RFE until we have other options lined up. But I thin the safe action is going back to H1 status asap.
As I said to "azamani123" you can ping-pong between EAD/AP and H1B as long as those approvals are still valid.
If you want to switch back to H1B, leave the country rightway and re-enter on H1B, provided you have valid H1B and VISA stamp. You can leave to some non-contiguous country and re-turn, to save some money.
Any idea if he can win or not? Any similar case?
Better, you leave that attorney and go to some experienced. There is no second chance for the immigration matters. Right?
-- Iam not sure, whether he can re-file I-140 by withdrawing the current one [meaning... he can not file amendments to I140]. Because, the basic minimum requirements are itself getting changed and USCIS may ask to redo the labor process.
All the suggestions are appreciated.
By the way I did hold MS plus 3yrs of experience before joining the current company.
Here is the list of classifications that USCIS recognises, for your Information:
EB1:
===
Section 203(b)(1)(A) Alien of Extraordinary Ability
Section 203(b)(1)(B) Outstanding professor or Researcher
Section 203(b)(1)(C) Multi-national executive or Manager
EB2:
===
Section 203(b)(2) Member of professtion with Adv. degree or Excep. Ability
EB3:
===
Section 203(b)(3)(A)(i) Skilled worker
Section 203(b)(3)(A)(ii) Professional
Section 203(b)(3)(A)(iii) Other worker
--> Here is the link referring some other kind of case, that dealt with the interpretation of "qualification requirements". Read on page 2 & 3 of how it was appealed and sustained:
http://uscis.gov/graphics/lawsregs/admindec/S/2000/Mar3000_02S203.pdf
EB2-CSC
PERM Applied: 7-14-05, AD: 7-29-05
I-140/I-485/EAD/AP: ND: 8-24-05
AP: AD: 10-04-05
EAD: AD: 9-25-05
I-140: LUD: 2-1-6, 2-2-6. RFE rcvd: 2-7-6
unitednations said:This isn't correct.
If you enter the country on advance parole and you continue to work for the h-1b employer; uscis will allow you to extend h-1b status.
Essentially, you are still on h-1b and do not need the EAD.
Here is the memo; it is affectionately known as the Cronin memo and is still in effect:
INS Memo (5-16-00)
H/Ls Who Work After Entering on Advance Parole
U.S. Department of Justice
Immigration and Naturalization Service
HQADJ 70/ 2.8.6, 2.8.12, 10.18
AD 00-03
May 16, 2000
MEMORANDUM FOR:
REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
DISTRICT DIRECTORS
OFFICERS IN CHARGE
ASYLUM DIRECTORS
PORT DIRECTORS
FROM:
MICHAEL D. CRONIN
ACTING ASSOCIATE COMMISSIONER
OFFICE OF PROGRAMS
SUBJECT: AFM Update: Revision of March 14, 2000 Dual Intent Memorandum.
This memorandum supersedes and amends the March 14, 2000 memorandum on dual intent for H-1 and L-1 nonimmigrants with pending applications for adjustment of status, which changes the Adjudicator's Field Manual, Chapter 23.
Please note that the Service intends to address these issues definitively when the Service finalizes the interim rule published on June 1, 1999, at 64 Fed. Reg. 29,208 (1999). When the final rule enters into force, the final rule, not this memorandum, will be controlling.
I. In Chapter 23 of the Adjudicator's Field Manual, the questions and answers added at APPENDIX 23-4, entitled FREQUENTLYASKED QUESTIONS ABOUT TRAVEL OUTSIDE THE UNITED STATES BY AN H-1 OR L-1 NONIMMIGRANT WHO HAS APPLIED FOR ADJUSTMENT OF STATUS: by the March 14, 2000 memorandum, are removed and replaced with the questions and answers below:
1. If an H-1 or L-1 nonimmigrant has filed for adjustment of status under an employment-based preference category that requires an offer of employment in the United States, does the interim rule affect the applicant's responsibility to establish his/her intent to work for the petitioning entity?
No. If an H-1 or L-1 has filed for adjustment of status under an employment-based preference category that requires an offer of employment in the United States, the applicant still has the responsibility of establishing his/her intent to work for the petitioning entity after becoming a permanent resident. Neither the rule nor the guidance has modified this requirement or the corresponding requirement that the employer establish his/her intent to employ the applicant.
In the interim rule and initial guidance, the term "open-market employment" was used to mean unrestricted access to employment. Applicants with pending applications for adjustment of status are eligible to apply for an employment authorization document (EAD). With an EAD, an alien has access to unrestricted employment, the "open-*market". However, if the applicant is adjusting status under an employment-based preference category that requires an offer of employment in the United States, the fact that an applicant is able to work in the open-market does not alter the applicant's responsibility to demonstrate an intent to work for the petitioning employer.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is grantedan EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.
3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?
Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?
A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
5. Should an alien returning to the United States from travel abroad who has a valid 1-512 and a valid H-1 or L-1 nonimmigrant visa be paroled in or readmitted in H-1 or L-1 status?
If an alien has a valid H-1 or L-1 nonimmigrant visa and is eligible for H-1 or L-1 nonimmigrant status and also has a valid Form I-512, he or she may be readmitted into H-1 or L-1 status or be paroled into the United States. It is the alien's prerogative to present either document at inspection. However, if an alien presents both a valid H-1 or L-1 nonimmigrant visa and a valid Form I-512, and the alien is eligible for the H-1 or L-1 nonimmigrant classification, the Service should inform the alien that H-1 and L-1 nonimmigrants no longer need to use advance parole to preserve pending applications for adjustment of status and should admit the alien in H-1 or L-1 nonimmigrant status. The fact that an alien has applied for advance parole and received Form I-512 does not compel him or her to use the advance parole.
If the alien is not admissible as an H-1 or L-1 nonimmigrant, then he or she cannot be readmitted as an H-1 or L-1 nonimmigrant. Instead, such an alien may be paroled into the United States.
6. Is an alien who has a multiple entry 1-512 and who has previously been paroled into the United States now eligible for admission as an H-1 or L-1 if he or she is still in possession of a valid H-1 or L-1 visa?
Yes, the alien may be admitted as an H-1 or L-1. However, aliens returning from abroad may only be admitted as an H-1 or L-1 when they have a valid H-1 or L-1 visa (unless visa exempt), remain eligible for H-1 or L-1 classification, and, where there has been a recent change of employer or extension of stay, have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer's name, or a notice of action, Form I-797, indicating approval. If they do not meet these criteria, then they use their 1-512.
II. In Chapter 15.4 of the Inspector’s Field Manual, the Special Note A for nonimmigrant classification H-1B should be revised to read as follows:
(A) Foreign residence requirement. H-1B does not have to establish he or she has a foreign residence. For information pertaining to dual intent, see AFM Appendix 23-4.
III. In Chapter 15.4 of the Inspector's Field Manual, add Special Note E for nonimmigrant classification L-1 to read as follows:
(B) Dual intent. For discussion of applicability of dual intent, see AFM Appendix 23-4.
Field Inquiries
All operational regional program units should familiarize themselves with this memorandum and related procedures in order to be responsive to any inquiry from the field. Questions regarding this memorandum may be directed, through appropriate supervisory channels to HQADN. For issues concerning H or L status, contact John Brown or Irene Hoffman, respectively, at 202-353-8177. For issues concerning advance parole, contact Michael Valverde at 202-514-4754.
EB-U2 said:Hi all,
I am facing a serious problem with my I-140 and I really appreciate any
information which may help me to make the best decision.
My attorney filed my I-140 under EB2 category but with a terrible mistake!
On my PERM labor cert. he has mentioned MS plus 1 year experience which seems ok for EB2 but the problem is that -for god knows what reasons-
he has mentioned BS + 3yrs experience as an alternate requirement.
We had a big argument before filing I-140 but he ensured me there is nothing to worry about!
I finally got an RFE on Feb 2nd and the letter came on 7th. The RFE basically concerns about EB2 Job requirement. Here is what we got on RFE:
“Minimum Education and experience less than advance degree”
It appears that the petitioner has filed for the wrong classification.
The minimum requirement listed on the form “ETA-750”, part A is less than an advanced degree or the equivalent………….
Anyway my smart! Attorney is going to reply the RFE and he believes he can win. He thinks that the requirement and alternate requirement which is new
in PERM are equivalent and is good enough to satisfy one at the time.
I really don’t get his logic!
At the same time he is going to file another PERM for me without that mistake so in case we lost this we have a chance to file another I-140 which qualifies for EB2 and hopefully link it to the current I-485.
The main issue is that I have traveled with my AP which I got last Sep. Now I am on AOS and I can be out of status if we don’t win the RFE!
So that’s why he is going to delay replying the RFE until we have other options lined up. But I thin the safe action is going back to H1 status asap.
Any idea if he can win or not? Any similar case?
All the suggestions are appreciated.
By the way I did hold MS plus 3yrs of experience before joining the current company.
EB2-CSC
PERM Applied: 7-14-05, AD: 7-29-05
I-140/I-485/EAD/AP: ND: 8-24-05
AP: AD: 10-04-05
EAD: AD: 9-25-05
I-140: LUD: 2-1-6, 2-2-6. RFE rcvd: 2-7-6
perm_faq said:Thanks!
I mean to ask you gp111 ....
It would be helpful if you can elaborate/illustrate little bit more.
Did you emailed them before? If yes, then what kind of difference you observed.
"As far as I see it", they will reply with the current status of the application. I don't think they will say any thing in greater detail, noticeably.