Suva
10-02 02:25 PM
What was the reason behind the RFE?
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
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vin13
03-09 05:30 PM
Stop dreaming and do something:D
dyamannavar
07-18 10:18 AM
If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?
Thanks,
Rajeev
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
Thanks,
Rajeev
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
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tulips
05-24 03:02 PM
Hi,
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
more...
mugwump
03-13 10:17 AM
I apologize in advance if people think my post is inappropriate for this thread, but I couldn�t find the older thread I was looking for.
I was wondering what happened with the discussion about the potential impacts of Canadian Immigration on US GC process. I had read before that UCSIC might consider it as an abandonment of the 485 application.
I had applied for canadian immig as a back up and got a medical request form from Canadian Consul. I am planning to go ahead with it. Was hoping to find out if people have been landing in Canada in this post 485 filing world??
Responses will be appreciated.
I was wondering what happened with the discussion about the potential impacts of Canadian Immigration on US GC process. I had read before that UCSIC might consider it as an abandonment of the 485 application.
I had applied for canadian immig as a back up and got a medical request form from Canadian Consul. I am planning to go ahead with it. Was hoping to find out if people have been landing in Canada in this post 485 filing world??
Responses will be appreciated.
mrsr
02-20 11:13 AM
InterFiling Help please gurus...
more...
travellertvr
03-22 03:15 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
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kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
more...
ruchigup
08-06 12:38 PM
Many Congratulations !!!
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Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
more...
fide_champ
04-06 05:31 PM
Does not sound right. Where did you hear that?
AC21 allows you to change jobs after 180 days of filing.
AC21 allows you to change jobs after 180 days of filing.
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supu
12-02 12:16 AM
Same case with me. Its been 20 days in Texas Center.
Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........
I have no hope of receing it now.
Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........
I have no hope of receing it now.
more...
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fcres
07-06 01:19 PM
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
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REEF�
06-06 11:44 AM
The girl looks too blurry but nice :).
And I thought RED means EVIL and BLUE means GOOD :puzzle:?
And I thought RED means EVIL and BLUE means GOOD :puzzle:?
more...
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kartikiran
07-31 02:12 PM
u guyz r funny.
:)
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
:)
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
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kumarc123
01-15 03:55 PM
I agree.
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Guys please call her office number and speak to someone in immigration and request them for her to re-introduce visa recapture bill.
Please lets focus on this, please call, also include your intentions of buying homes.
Please Call
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Guys please call her office number and speak to someone in immigration and request them for her to re-introduce visa recapture bill.
Please lets focus on this, please call, also include your intentions of buying homes.
Please Call
more...
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casper21
07-29 10:46 AM
Can someone give answer to my question??? Please..................
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dealsnet
11-12 01:18 PM
Usually I didn't recomond any one. But for cheaper option this is the man.
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...
He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)
Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com
email.
immigration_counselor@yahoo.com
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...
He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)
Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com
email.
immigration_counselor@yahoo.com
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TeddyKoochu
09-25 11:30 AM
No worries,
go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)
in the above link go locating the following news line, read and enjoy
""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""
Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.
go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)
in the above link go locating the following news line, read and enjoy
""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""
Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.
seeking_GC
07-28 02:08 PM
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
veni001
11-08 01:32 PM
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
