sam12sa
12-18 04:06 PM
Hi
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
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rajmehrotra
10-19 09:46 AM
one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
cool4maverick
01-11 08:36 PM
It is really tough to get EB2 without work experience. Requiring a foreign langauge usually does not qualify for EB2 category automatically.
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moonrah
09-23 07:16 PM
Raj,
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
more...
natrajs
08-21 05:36 PM
Just Wait, Nothing You can do!
agupta2683
07-08 03:07 PM
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
more...
newtoearth
03-11 07:41 AM
Dear fellow IVians/ Lawers.....
Please help me
I am on my H1B 6th Year Ending and my H1B valid till 2012 Sep 30 with my Current employer company A Which is a desi consultancy company.
I have a approved I140 with company A. With PD of March 2008. I 140approved in OCT2008
Cargability - India
I485 - Not yet filed:o
----------------------------------------------------------
on March 1st company A announced that they will be merging with company B.
Company B Sent us an E-mail saying that they are acquiring resource group of company A.
:confused::confused:
When we questioned our old employer company A, they told us that yes company A will remain in existence but all human resources will move to company B :mad: All other assets and liabilities will stay with company A.
-------------------------------------------------------------------------------------------
I am in lots of confusion...and questions...heap of troubles it seems...
Please tell me
1. This Situation can be called/categorized as Aquisition/Merger?
2. Will my I140 quilified for Successor of Interest if company B is ready to take over and sponcer GC for me?
3. Or do I need to go thru the whole process of ADS, PERM, I140 path to come to current state?
4. What happens if my PDate (Old, and assuming that in either case I can port my PD??) is current before company B's I 140 got approved? Can I file I 485 based on my company A I140 As company A still exists???
Are there any complications involved in this?
5. I am assuming that I am qualified to entitile 3 Year H1B visa with company B based on my company A approved I 140. am I correct?
6. What happens if company A is going for bankruptcy before my H1B transfer?
7. What happens if company A is going for bankruptcy before my I140 approved with company B and port I140 PD?
8. also I heard that Company A may required to pay some amount to the employees(20K ??)? Any idea on this?
Kindly help me!!!
Thanks in advance....
Please help me
I am on my H1B 6th Year Ending and my H1B valid till 2012 Sep 30 with my Current employer company A Which is a desi consultancy company.
I have a approved I140 with company A. With PD of March 2008. I 140approved in OCT2008
Cargability - India
I485 - Not yet filed:o
----------------------------------------------------------
on March 1st company A announced that they will be merging with company B.
Company B Sent us an E-mail saying that they are acquiring resource group of company A.
:confused::confused:
When we questioned our old employer company A, they told us that yes company A will remain in existence but all human resources will move to company B :mad: All other assets and liabilities will stay with company A.
-------------------------------------------------------------------------------------------
I am in lots of confusion...and questions...heap of troubles it seems...
Please tell me
1. This Situation can be called/categorized as Aquisition/Merger?
2. Will my I140 quilified for Successor of Interest if company B is ready to take over and sponcer GC for me?
3. Or do I need to go thru the whole process of ADS, PERM, I140 path to come to current state?
4. What happens if my PDate (Old, and assuming that in either case I can port my PD??) is current before company B's I 140 got approved? Can I file I 485 based on my company A I140 As company A still exists???
Are there any complications involved in this?
5. I am assuming that I am qualified to entitile 3 Year H1B visa with company B based on my company A approved I 140. am I correct?
6. What happens if company A is going for bankruptcy before my H1B transfer?
7. What happens if company A is going for bankruptcy before my I140 approved with company B and port I140 PD?
8. also I heard that Company A may required to pay some amount to the employees(20K ??)? Any idea on this?
Kindly help me!!!
Thanks in advance....
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mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
more...
srarao
07-18 01:22 PM
Hi
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
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kramac01
09-25 12:42 PM
Hi all,
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
more...
s416504
09-23 09:40 AM
I mean stay on L1A (7 Year) with existing company. Apply green card through company B OR any other (For applying grren card, you don't need to be employee of that firm). Switch job as soon as you get I140 (premium process) approved from B company. If everything goes well, One year is enough to get I140 approval through premium process.
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siva008
08-15 12:28 PM
I am currently working with Comapany A with valid I-94 till 09/30/2011(but no visa stamping in passport yet).
Recently My H1B visa tranfer approved with out 1-94 card attached to approval copy(still I am with Company A only)
In this case can I continue with CompanyA.
please help me if any one knows about this case.
Thanks in advance.
Recently My H1B visa tranfer approved with out 1-94 card attached to approval copy(still I am with Company A only)
In this case can I continue with CompanyA.
please help me if any one knows about this case.
Thanks in advance.
more...
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Administrator2
11-08 09:12 PM
I've read the first two chapters of the book. The first chapter provides an excellent insight into the history of Immigration. Although we had some knowledge of how things progressed in recent past, this book provides is an extremely relevant and detailed true description of the events, the bills in 1990s, 2006 and 2007, and so on.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
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zeus2000
04-07 02:18 AM
Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
more...
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chapsi29
08-01 09:37 AM
My husband has got a query on his I-140 now and it would take another 2-3 months before USICS makes a decision. His company is not doing well financially and we are worried if the I-140 would get denied. My understanding is, if the I-140 gets denied, the EAD will no longer be valid.
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
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pappu
08-09 07:53 AM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
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nozerd
03-27 02:42 PM
Hi,
Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?
I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?
Thanks
Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?
I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?
Thanks
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H1bslave
07-30 03:50 PM
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extra_mint
04-18 11:20 AM
Keep monitoring the visa bulletin and when your date (Dec-2006) becomes current you can apply for your wife's 1485 (means u can add her to your application).
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
rafraf
07-27 08:24 PM
Sorry for this long post. I just have to let it out...
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
billu
10-25 06:13 PM
A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.
thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??
thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??
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