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| Users currently watching this case: marine, bridge1z, sarfarazsaleem, okal, ITMD, jasguild, jamdown, bestia, sdtx, me1666, svetac74, arcadian, Trackbuzz | |
Posted by jamdown on 07 Jun 2007Why was your denied? Were you denied on both the I-140 and I-485?
I am sorry to hear that but what is your next more?
a
I am sorry to hear that but what is your next more?
a
Posted by dryheat on 07 Jun 2007It was denied because of the company name.
Company name was "This Is Company Name" for about 21 years. In 2001 Company changed the name to "TICN" (Acronym of old name)
In 2003 LC was filed with full company name "This Is Company Name" and approved.
Texas rejected I-140 because different name.
Company sent RFE showing that in 27 year corporation didn't change at all, same EIN, same State Corporation commissioner number, same governing body. Still rejected.
I don't know what I'm going to do next. My 7th year H1 extension will expire on 6/2008.
Company name was "This Is Company Name" for about 21 years. In 2001 Company changed the name to "TICN" (Acronym of old name)
In 2003 LC was filed with full company name "This Is Company Name" and approved.
Texas rejected I-140 because different name.
Company sent RFE showing that in 27 year corporation didn't change at all, same EIN, same State Corporation commissioner number, same governing body. Still rejected.
I don't know what I'm going to do next. My 7th year H1 extension will expire on 6/2008.
Posted by MrVulcan on 07 Jun 2007I would appeal, but make sure I have a very good lawyer from a reputable lawform with good credentials and a proven track record.
Posted by sarfarazsaleem on 07 Jun 2007start over the grenn card process again and you can maintain your priority dates.
Posted by dryheat on 07 Jun 2007ThomasB,
Well, appeal takes two years and I have only one year left.
sarfarazsaleem,
Nope, I can not maintain priority date because I-140 was rejected.
Well, appeal takes two years and I have only one year left.
sarfarazsaleem,
Nope, I can not maintain priority date because I-140 was rejected.
Posted by MrVulcan on 07 Jun 2007If the company is willing to do a new recruitment process and LC application (with the right name) that may be faster than appealing. I would still make sure to have a good lawyer though, that makes sure ALL papers are in order BEFORE you file.
Posted by sarfarazsaleem on 07 Jun 2007Dont lose heart. You can get your green card by next year even if u start the process right now. Atleast you will get your !-140 approved through Premium processing and that will help u get 3 year extention. Also i think for serbia i-485 dates are current but not really sure..
But I-140 can be approved once labor is approved and u will get 3 yrs extention on h1-b then.
Good Luck
But I-140 can be approved once labor is approved and u will get 3 yrs extention on h1-b then.
Good Luck
Posted by dryheat on 07 Jun 2007Company will do whatever takes to keep me around.
How long it takes for perm?
How long it takes for perm?
Posted by MrVulcan on 07 Jun 2007I am not sure about this, but if you get the original LC back from USCIS, which I am sure you can get. I think a good lawyer would be able to draft a new I-140 application, that deals with the name problam, and you could apply again with the same LC and be approved this time.
Posted by MrVulcan on 07 Jun 2007I would try to re-apply if possible as I mention above, and in the mean time prepare for the possibility that you need to file for a PERM labor. It takes about 1 month to prepare if you want to be careful, two months from start of recruitment until you can file, and then the application takes anywhere from a few days to 3-5 months depending if application goes to Chicago or Atlanta. Both me and my girlfriend used secimmigration.com, they are a bit expensive, but very careful and experienced.
If you can not keep your PD, and you do not qualify for EB2, the visa number is not immediately available for Serbia in EB3. So you can not file your I-485, but you can get your I-140 approved and get a three year extension in time for your current H1B expiration.
If you can not keep your PD, and you do not qualify for EB2, the visa number is not immediately available for Serbia in EB3. So you can not file your I-485, but you can get your I-140 approved and get a three year extension in time for your current H1B expiration.
Posted by dryheat on 07 Jun 2007Thank You ThomasB,
I would like to reapply too, but, I don't I can get back my original LC from INS (at least not soon).
I think I can file under EB2.
I have a BS with about over 12 years of experience.
I would like to reapply too, but, I don't I can get back my original LC from INS (at least not soon).
I think I can file under EB2.
I have a BS with about over 12 years of experience.
Posted by MrVulcan on 07 Jun 2007You should be able to get the document back, but yes, who knows how long it will take.
If you have a BS and at least 5 years experience in your field from previous employers EB2 should be no problem as long as you are getting at least the prevailing wage. Even experience at your current employer can be counted under certain circumstances, so you should be fine for EB2, and EB2 is current for Serbia.
If you have a BS and at least 5 years experience in your field from previous employers EB2 should be no problem as long as you are getting at least the prevailing wage. Even experience at your current employer can be counted under certain circumstances, so you should be fine for EB2, and EB2 is current for Serbia.
Posted by nitejc on 07 Jun 2007i don't know what to say and i do feel very bad for you.... But here's a word of encouragement: find a real good lawyer, and either appeal or refile to keep the priority date, you may end up getting your green card within several months, as evidenced by quite many trackitt users' experience (from ROW in eb2)..
Best luck!
Best luck!
Posted by dryheat on 11 Jun 2007Friday we met with imm. attorney. Only thing he had to say is file appeal.
I'm planing to schedule appointment this week with different attorney.
I'm planing to schedule appointment this week with different attorney.
Posted by jamdown on 11 Jun 2007dryheat,
Visit this website: fragomen.com
speak with a maria leviste or email her at mleviste@fragomen.com and tell her your problem and she will advise you.
Visit this website: fragomen.com
speak with a maria leviste or email her at mleviste@fragomen.com and tell her your problem and she will advise you.
Posted by ajs4123 on 12 Jun 2007Unfortunately I had bad experiences with fragomen. They didn't stay in touch, they gave inaccurate advice on two counts and in general they (at least the paralegal dealing with my case) seem to treat immigration cases with low priority. Your mileage may vary, of course.
Nevertheless, I fully recommend http://www.weaver-schlenger.com - after my and others' H-1B experience with Fragomen, my company switched to them and they have been awesome during my whole GC process, and (I hear) with newer employees' H-1B applications too.
Nevertheless, I fully recommend http://www.weaver-schlenger.com - after my and others' H-1B experience with Fragomen, my company switched to them and they have been awesome during my whole GC process, and (I hear) with newer employees' H-1B applications too.
Posted by bridge1z on 12 Jun 2007Dryheat,
Sorry about your case, hopefully some sort of solution is going to work out fine. I know this lawyers firm since I first move to the States about 8 years ago- Visalaw.com - The Immigration Law Portal of Siskind Susser Bland, and I strongly recommend them. They are located in Memphis (TN) but location is not a problem in a case like yours.
May God help you to find the right adviser, and a prompt solution to your issue. Regards
Sorry about your case, hopefully some sort of solution is going to work out fine. I know this lawyers firm since I first move to the States about 8 years ago- Visalaw.com - The Immigration Law Portal of Siskind Susser Bland, and I strongly recommend them. They are located in Memphis (TN) but location is not a problem in a case like yours.
May God help you to find the right adviser, and a prompt solution to your issue. Regards
Posted by dryheat on 14 Jun 2007Looks like I finally found a good lawyer.
He suggested to file MTR instead of appeal.
I'm still trying to figure out what will be the best option, but it looks like the quickest one will be new perm application since on average DOL will issue LC in about 3 months, meaning I can be back at the I-140 stage in about 4 months.
Appeal takes over a year. I'm not sure how long it takes for MTR but it seams that could be also close to the year.
He suggested to file MTR instead of appeal.
I'm still trying to figure out what will be the best option, but it looks like the quickest one will be new perm application since on average DOL will issue LC in about 3 months, meaning I can be back at the I-140 stage in about 4 months.
Appeal takes over a year. I'm not sure how long it takes for MTR but it seams that could be also close to the year.
Posted by okal on 14 Jun 2007Zdravo dryheat,
MTR is your best bet. I experienced a denial in the past for F1 visapplication. Usually they aloow you 30 days to file the MTR. The they should respond back within 30-60 days. That what we experienced after the MTR and the petition was approved.
Good Luck
MTR is your best bet. I experienced a denial in the past for F1 visapplication. Usually they aloow you 30 days to file the MTR. The they should respond back within 30-60 days. That what we experienced after the MTR and the petition was approved.
Good Luck
Posted by jasguild on 18 Jun 2007I would file a new application and STILL appeal the old. YOU NEVER KNOW!!!!!
jasguild
jasguild
Posted by jasguild on 18 Jun 2007Actually, I think the attorney should at least give you your money back. Because that oversight should not have happened.
jasguild
jasguild
Posted by jasguild on 18 Jun 2007I am assuming you have competent advice on this but after reading your post I could not help but wonder what your status is now. I always understood the 7th year extenstion on an h1b to be an extension based on a valid outstanding LC or I-140. The question I am wondering is if that LC or I-140 is denied does the h1b still stay valid or is it no longer valid at the date the determination was made.
jasguild
jasguild
Posted by dryheat on 18 Jun 2007I extended H1 (7th year) based on LC prior I applied for I-140. So, I'm ok for another year.
Posted by rfitzgerald71 on 19 Jun 2007I'd suggest you getting a good lawyer.
And ensuring your company has filed a "Fictious Name Registry" with your state.
The name change should not matter if the company is able to prove it is a legal entity of the Corporate name.
For example, This Is Company Name, Inc dba as TICN
Your company might have filed with the state (if not try having them do it ASAP) and then submit that...
I think u will remain legal on H1B as long as your case is being considered/appealed - just confirm with a good immigration lawyer.
And ensuring your company has filed a "Fictious Name Registry" with your state.
The name change should not matter if the company is able to prove it is a legal entity of the Corporate name.
For example, This Is Company Name, Inc dba as TICN
Your company might have filed with the state (if not try having them do it ASAP) and then submit that...
I think u will remain legal on H1B as long as your case is being considered/appealed - just confirm with a good immigration lawyer.
Posted by dryheat on 19 Jun 2007We still own old name. It is registered until 2010.
Posted by rfitzgerald71 on 19 Jun 2007I guess my point is not you owning the old name. Its actually having documented proof from the state where your company is incorporated that This is Company Name and TICN is the same organization. Simply saying we use this tax id # etc doesn't cut it (as unfort. u know). You need written confirmation from the division of corportation in the state where you are incorporated that both are the same organization in their eyes. In Florida, if you go by another than other than your legal incorporated name you must file that with the state - check with your employer to see if they filed for "Fictious Name Filing" that TICN is a legal identity within the eyes of your state... I think thats basically what USCIS is looking for - not your word but govt proof that it same organization... make sense?
Posted by rfitzgerald71 on 19 Jun 2007in Florida, we can pay $10 for a certified copy from the state showing fictious name filing. Might be worth checking into!
Posted by dryheat on 19 Jun 2007Old name is registered through Secretary of state "Tradename and Trademark Department". As a matter of fact we never dropped old name, in other words we are renewing it every five years.
Posted by dryheat on 19 Jun 2007fitzgerald, are we talking about same thing?
Posted by dryheat on 26 Jun 2007After talking to new attorney. He suggested to file MTR and also to file new I-140 application.
Posted by rfitzgerald71 on 26 Jun 2007I guess my suggestion is that you need something from the state saying the TICN and This Is Company Name is the same thing legally. I'd suggest calling your State Division of Corporations and asking them what can you get from them showing it is a legal entity of the company.... showing a paper trail that you use that name isn't sufficent in the eye of BCIS - they can't dispute a certified legal document from the govt (well ok they can but less likely too!)
Its a silly stupid thing - but it just might work!
Renee
Its a silly stupid thing - but it just might work!
Renee
Posted by livestrong on 29 Jul 2007hey dryheat, what happened with your I-140? any news?
Posted by dryheat on 30 Jul 2007We filed MTR on 07/05/07 they received on 07/11/07 nothing yet.
Posted by sdtx on 01 Aug 2007dryheat:
I might be in the same boat as you. Can you please let me know if, at the time of filing I-140, you sent in some document from the state agency saying "This is Company Name" is the certified DBA/Trade Name of TICN inc.?
My atty filed the labor using company dba name. Now when we filed I-140, the Atty said we should be fine because we submitted evidence saying that company XYZ Inc. has a fiticious/dba name filing record with the state of TX saying that ABC operates as DBA for XYZ company. All of the company finanicals are under XYZ Inc. that is why i'm concerned if mine will get approved.
Anyone else had experienc with this? Also, my Atty also made the mistake of adding "Inc." at the end of the dba name in the labor certification. He said this should not be a problem. But after reading your case, I'm not too sure. Can you update on your MTF also.
Thanks,
I might be in the same boat as you. Can you please let me know if, at the time of filing I-140, you sent in some document from the state agency saying "This is Company Name" is the certified DBA/Trade Name of TICN inc.?
My atty filed the labor using company dba name. Now when we filed I-140, the Atty said we should be fine because we submitted evidence saying that company XYZ Inc. has a fiticious/dba name filing record with the state of TX saying that ABC operates as DBA for XYZ company. All of the company finanicals are under XYZ Inc. that is why i'm concerned if mine will get approved.
Anyone else had experienc with this? Also, my Atty also made the mistake of adding "Inc." at the end of the dba name in the labor certification. He said this should not be a problem. But after reading your case, I'm not too sure. Can you update on your MTF also.
Thanks,
Posted by sdtx on 02 Aug 2007Hey Dryheat, can you please email me at saba_aikal@hotmail.com so we can discuss your case. I too am worried about my application and wanted to know more about your experience.
Thanks
Thanks
Posted by dryheat on 06 Sep 2007sdtx,
So what happened with yours?
So what happened with yours?
Posted by sdtx on 06 Sep 2007My case is exactly like yours. Company legal name is ABC Inc., they do business as XYZ. My lawyer only put in the doing business as name on the labor i.e, XYZ Inc. All the tax returns for the company are under the legal name of ABC Inc. My laywer says this should not be a problem because he also submitted the company's DBA certificate from Secatary of State of TX that states that company ABC Inc. does business as XYZ. I have filed my I-140/I485 in July, let's see what happens. I have talked to quite a few lawyers regarding this issue and they said that before the start of PERM process, a lot of applications were filed similar to mine, using only the DBA name, and that if we have proof that the DBA is filed with the state then legally USCIS cannot deny your application, that is why I was surprized to see that your application was denied. Did you submit proof such as the DBA certificate? What is happening with your MTR? Also was yours a straight denial or did they first send out an intend to deny?
Posted by dryheat on 13 Sep 2007I just received email from CRIS:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Not good, I guess.
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Not good, I guess.
Posted by dryheat on 14 Sep 2007Another LUD today
Posted by me1666 on 14 Sep 2007I commend that you refile your I-140 with your priority date carry-over.
Posted by dryheat on 14 Sep 2007I think my labor is too old for this now.
Posted by sdtx on 14 Sep 2007dryheat, you labor will not expire till Jan 08, since you applied for labor before the new rules went into effect in July. Also, I think all MTR cases are sent to the AAO for review.
When you originally filed your I-140, did you attorney sent in the DBA certificate for your company?
When you originally filed your I-140, did you attorney sent in the DBA certificate for your company?
Posted by dryheat on 17 Sep 2007Are you sure about Jan 08?
I was not aware that all MTR's are sent to AAO. I was under impression that only if service center sticks with the original decision it gets sent to AAO for appeal.
No he didn't.
I was not aware that all MTR's are sent to AAO. I was under impression that only if service center sticks with the original decision it gets sent to AAO for appeal.
No he didn't.
Posted by sdtx on 17 Sep 2007dryheat, can you please tell me what the basis of your MTR was?
If your attorney did not send in the DBA certificate with I-140, did he do it at the RFE stage?
You can only do MTR if you have additional documents to prove your case, what was your additional evidence?
My point and question is, at what stage did you give USCIS the dba certificate for your company?
I am sure about Jan 08. I will find the documentation and will post it here.
If your attorney did not send in the DBA certificate with I-140, did he do it at the RFE stage?
You can only do MTR if you have additional documents to prove your case, what was your additional evidence?
My point and question is, at what stage did you give USCIS the dba certificate for your company?
I am sure about Jan 08. I will find the documentation and will post it here.
Posted by dryheat on 17 Sep 2007I-140 and RFE was filed without attorney, and no, DBA Certificate was not provided at that time.
DBA Certificate was filed with I-290B (MTR/APPEAL)
DBA Certificate was filed with I-290B (MTR/APPEAL)
Posted by sdtx on 17 Sep 2007dryheat, I feel really sorry for you and really frustrated that lawyers who take so much of our money can make stupid mistakes like this. How could he file RFE without the DBA certificate? especially when DBA certificates are so easily available, anyone can get those online. Now that you have submitted the certificate during MTR, they should have no reason to deny your case. I have consulted with numerous attorneys and all have said that they have worked with many clients where LC was filed using the DBA name, and as long as you have a filed certificate from Sec. of State then USCIS cannot deny your case because of you have sufficient proof that it's the same company. Now if your company was bought out or merged, that's a different story.
I have seen instances where MTR are sent to AAO, and where AAO sends the file back to the Service Center, however, it could also be if your attorney selected that the service center send the file to appeal if infact the MTR fails, then it could be that instead of denying the MTR they send the file to AAO.
I any case, you can still file the I-140 again, this time using the DBA certificate and a new attorney hopefully. I am still searching for the new law that went into effect in July that states you have till Jan 08 to file. Can you email me so I can email you the information directly?
I have seen instances where MTR are sent to AAO, and where AAO sends the file back to the Service Center, however, it could also be if your attorney selected that the service center send the file to appeal if infact the MTR fails, then it could be that instead of denying the MTR they send the file to AAO.
I any case, you can still file the I-140 again, this time using the DBA certificate and a new attorney hopefully. I am still searching for the new law that went into effect in July that states you have till Jan 08 to file. Can you email me so I can email you the information directly?
Posted by sdtx on 17 Sep 2007dryheat, this is from an attorney's website, regarding final rule on Labor Certification expiration:
"All I140s based on approved labor certifications must be filed within 180 days of the labor certification approval. All currently approved labor certification applications must have an I140 petition filed by January 11, 2008, or they will expire."
http://209.85.165.104/search?q=cache:VN1Gqi80uEsJ:www.morganlewis.com/pubs/MLR_ImmigrationAlert_DOLRule_18may0711.pdf+labor+certification+%2B+expiration&hl=en&ct=clnk&cd=1&gl=us
Note, it states that you have till Jan 08 to use your labor, but only if your labor was filed before July 16th 2007, which your's was, so you can go ahead and re-use the labor. The only issue will be that your hard copy labor was probably filed with the first I-140, and USCIS requires a hard copy of labor when you file I-140. For this, you will have to consult and good attorney, but you have till Jan 08 to re-file.
Good luck with your case. Email me if you have more questions. I do think though that your I-140 will go through on MTR, it might take longer though, but good luck.
I just now noticed that you said you filed your I-140 without attorney, how come?
"All I140s based on approved labor certifications must be filed within 180 days of the labor certification approval. All currently approved labor certification applications must have an I140 petition filed by January 11, 2008, or they will expire."
http://209.85.165.104/search?q=cache:VN1Gqi80uEsJ:www.morganlewis.com/pubs/MLR_ImmigrationAlert_DOLRule_18may0711.pdf+labor+certification+%2B+expiration&hl=en&ct=clnk&cd=1&gl=us
Note, it states that you have till Jan 08 to use your labor, but only if your labor was filed before July 16th 2007, which your's was, so you can go ahead and re-use the labor. The only issue will be that your hard copy labor was probably filed with the first I-140, and USCIS requires a hard copy of labor when you file I-140. For this, you will have to consult and good attorney, but you have till Jan 08 to re-file.
Good luck with your case. Email me if you have more questions. I do think though that your I-140 will go through on MTR, it might take longer though, but good luck.
I just now noticed that you said you filed your I-140 without attorney, how come?
Posted by dryheat on 16 Oct 2007New message on 10/02/07:
Application Type: I290B , NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: This case is now pending at the office to which it was transferred.
The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office.
Application Type: I290B , NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: This case is now pending at the office to which it was transferred.
The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office.
Posted by dryheat on 16 Oct 2007We contacted senators, no help.
Posted by dryheat on 15 Nov 2007I just called AAO office in Washington and spoke with very polite officer.
After giving him my A#, he said that they received our appeal for I-140E on October 1 and that is still pending. He also stated that their processing time is 12 months from the date they received (10/01/2007).
After giving him my A#, he said that they received our appeal for I-140E on October 1 and that is still pending. He also stated that their processing time is 12 months from the date they received (10/01/2007).
Posted by odessa on 19 Dec 2007Dryheat, any news on your case? Thanks
Posted by dryheat on 10 Jan 2008Nope.
Posted by dryheat on 18 Apr 2008Browsing AAO decisions archive for 2007, I found case exactly same as mine (two names - same FEIN) were AAO sustained appeal, stating in their decisions:
"The evidence provided shows that both __ and __ have the same tax identification number. We would conclude that they are the same employer.
An employer is defined as an entity with the same FEIN. See 8 C.F.R. § 656.17(i)5(i). Therefore, we find that the petitioner does not need to demonstrate that it is the successor-in-interest, and has overcome this basis for denial."
So, my attorney is going to file addendum to appeal with this case as a attachment.
"The evidence provided shows that both __ and __ have the same tax identification number. We would conclude that they are the same employer.
An employer is defined as an entity with the same FEIN. See 8 C.F.R. § 656.17(i)5(i). Therefore, we find that the petitioner does not need to demonstrate that it is the successor-in-interest, and has overcome this basis for denial."
So, my attorney is going to file addendum to appeal with this case as a attachment.
Posted by bestia on 18 Apr 2008Excellent finding, dryheat. Thanks for sharing. Can you please post the link for this case? My company's name also changed, although every lawyer I met - said the same: "there shouldn't be any problem at all".
Posted by dryheat on 21 Apr 2008 Posted by bestia on 21 Apr 2008excellent, thanks :) good luck
Posted by Trackbuzz on 10 Jul 2008hey buddy! any updates on ur case?
Posted by dryheat on 15 Jul 2008Nothing yet.
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