roseball
10-15 04:07 PM
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
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theperm
05-07 01:52 PM
I am suspecting it will not be favorable at all
Please let us/me know ASAP.
Please let us/me know ASAP.
saileshdude
04-27 10:11 PM
a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
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amitjoey
03-18 04:24 PM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
more...
gimme_GC2006
04-17 03:46 PM
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
I think both of you are correct. :)
Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.
there is a big forum on Canada immigration..if you guys want to follow..
http://www.canadavisa.com/canada-immigration-discussion-board/index.php
No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
I think both of you are correct. :)
Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.
there is a big forum on Canada immigration..if you guys want to follow..
http://www.canadavisa.com/canada-immigration-discussion-board/index.php
No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D
iptel
02-14 01:17 PM
Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
more...
shishya
09-27 12:42 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
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conchshell
07-29 05:39 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
more...
praveenat11
10-05 12:58 PM
Can anyone say when i am going to get my GC if i filed my application for I-485 in EB1 category in oct 2007
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keerthi
04-04 03:10 PM
Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
more...
deepimpact
02-11 01:03 PM
Most of Eb2 ( Not all ) are qualified for STEM and may release up to 30k visas each year to EB3. that will clear Eb3 backlog in 1-2 years. Don't forget that we have some Eb3 people with STEM degree too.
Actually almost all of EB1A and B will also qualify for STEM and add about 20-30K more each year for spillover.
Actually almost all of EB1A and B will also qualify for STEM and add about 20-30K more each year for spillover.
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go2roomshare
02-20 05:30 PM
Can this be used to know how many cases filed in 2000 to 2003 and will it be useful to pridict PD movement??
more...
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engineer
10-02 11:48 AM
Can one apply for Social Security # after getting EAD card ?
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Prasad_FL
08-02 04:57 PM
I am in Miami/Miramar area.
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WillIBLucky
05-30 01:39 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
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madras1
01-27 12:38 PM
US needs EB1 and Ph.Ds
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
more...
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fide_champ
06-25 02:28 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
What are my options here? Does anyone has faced such a situation?
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enggr
03-17 03:56 AM
Friends,
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
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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GCNirvana007
09-08 05:11 PM
Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.
I am in India already, both my H1B and AP expires in few weeks. Waiting for the God damn mail to reach home so my buddy can fedex to india.
How many have got the physical mails already?
I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.
I am in India already, both my H1B and AP expires in few weeks. Waiting for the God damn mail to reach home so my buddy can fedex to india.
How many have got the physical mails already?
go_guy123
05-18 07:44 PM
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
gcdreamer05
08-05 05:11 PM
Guys n Girls,
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
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