ramus
06-27 08:00 AM
I can't believe you are sticking with same idea.....
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
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insbaby
12-13 06:07 PM
All,
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
sanju
09-09 11:25 AM
sanju,
you said: at some point uscis would send a request to you for employer verification?
why would they need that: as we have submitted that at the time flinig 485?
i dont know if the above is true only for consultancies?
i work in a big software corp and never heard of any queries at all?
approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)
am i missing something here?
thx
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
you said: at some point uscis would send a request to you for employer verification?
why would they need that: as we have submitted that at the time flinig 485?
i dont know if the above is true only for consultancies?
i work in a big software corp and never heard of any queries at all?
approved 140, file 485, wait for 180 days, change jobs, no queries at all (irrespective of whether you change jobs or not)
am i missing something here?
thx
If 485 application is pending for longer time, say more than 2 years, I have seen that USCIS wants a reconfirmation from the employer that they continue to support the green card application for the position for which the application was originally applied. This is not just applicable to consulting companies alone. Any types of companies and applicants in any categories (Eb-1,2&3) could get RFE at the last stage of the process. So to have your application processed without a shred of a doubt, it is best to be in a position to reply that RFE anytime during the process.
2011 reading the funny quotes.
shamu
01-10 03:36 AM
IV friends,
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
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sprajulu
08-06 07:14 PM
http://www..com/member/anshu2007/
illinois_alum
09-30 04:54 PM
Thank you very much illionois_alum :)
You're welcome :)
You're welcome :)
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arvindkappula
01-18 03:47 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
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makemygc
07-06 06:28 PM
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
So far there is nothing broadcasted which seemed to be breaking news.
So far there is nothing broadcasted which seemed to be breaking news.
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eilsoe
02-03 05:22 AM
np kit :)
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delhirocks
07-15 05:42 PM
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL..
That sucks..Thanks for the explanation
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Iam in the very same position. I do not have kids and thus do little research on the acts pertaining to this situation. But I am all for doing my part, if someone can explain and provide relevant links on how this will impact the EB community. I have no qualms in admitting that Iam in IV only to support the EB cause (it also helps me). I do not want IV to take up a cause that will have a dilutive effect on EB cause.
That sucks..Thanks for the explanation
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Iam in the very same position. I do not have kids and thus do little research on the acts pertaining to this situation. But I am all for doing my part, if someone can explain and provide relevant links on how this will impact the EB community. I have no qualms in admitting that Iam in IV only to support the EB cause (it also helps me). I do not want IV to take up a cause that will have a dilutive effect on EB cause.
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drsnh123
06-19 10:50 PM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
thanks for your opinions
Reply With Quote
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lazycis
12-18 07:19 PM
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).
2. Yes, until you get a GC you may need to prove that your I-140 is still valid.
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
1. Yes, you are in legal status while the appeal is pending (assuming appeal is not without merit).
2. Yes, until you get a GC you may need to prove that your I-140 is still valid.
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sandy_anand
11-06 12:11 PM
Does anyone know when VB will be out this month?
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NNReddy
09-19 03:02 PM
IS it going to be transferred back from CSC to TSC or NSC again? is that happening.
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optimystic
10-24 03:44 PM
I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
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enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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franklin
10-11 04:44 PM
Its not all about being Wise. I was stuck in a BEC for some time, but my company refused to refile under PERM for me.
Folks who missed the window - believe me, despite some insensitive remarks now, and in the past, IV is here for you and is working on your unfortunate predicament.
My best advice to those affected by the continuing BEC mire is to join your state chapter, make sure your voice is heard on a local, grassroots level.
Folks who missed the window - believe me, despite some insensitive remarks now, and in the past, IV is here for you and is working on your unfortunate predicament.
My best advice to those affected by the continuing BEC mire is to join your state chapter, make sure your voice is heard on a local, grassroots level.
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ganguteli
02-10 10:09 PM
Congrats on getting the LUD
hairstyles Posted in Famous Quotes | 3
desi485
07-30 05:01 PM
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
loudoggs
08-31 10:55 PM
Nice article....Thanks for sharing!!
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ssa
02-04 05:40 PM
Sent letters for me and my wife to White House and IV