Gator
04-09 11:38 PM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
wallpaper Opti-EyeBalls-Eye Tattoos
josecuervo
08-11 03:38 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congratulations on your GC
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congratulations on your GC
InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
2011 Bez - Eye tattoo
aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
more...
vnanjunda
07-16 12:27 PM
No Problems at Dullas Airport, I weant to india twice with AP they never asked about my employer.
sushilup
08-19 03:50 PM
Rajarao,
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
more...
number30
03-23 07:51 PM
Hello,
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
No Risk involved. You can do a premium processing if required.
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
No Risk involved. You can do a premium processing if required.
2010 ill-use.com
saketkapur
04-11 06:39 PM
dude I am in a similar position.....got laid off on march 27th.....got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
Is your case in TSC?
Are you US educated?
Did you file G28 recently?
Just trying to find a pattern here.........
regards
Saket
Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD
Is your case in TSC?
Are you US educated?
Did you file G28 recently?
Just trying to find a pattern here.........
regards
Saket
more...
needhelp!
11-12 03:47 PM
for the member who helps us complete our first century..
hair Creative Eye Tattoos - 08Pics
sidd
07-04 10:44 AM
Rayyan,
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
Hi sk76012w,
Congrats and thanks for sharing your experience. I would really appreciate if you can reply to my couple of questions:
1. Was it a H1B renewal for yourself?
2. Your approval notice was approx. for which month of 2006?
3. As I can make out, your daughter attended the interview with the H1 Approval Notice of your husband? And that means, the information for your husband's H1 petition was not there in PIMS. Am I right here? Can you please let me know which month/year your husband's approval notice was for?
Thanks.
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
Hi sk76012w,
Congrats and thanks for sharing your experience. I would really appreciate if you can reply to my couple of questions:
1. Was it a H1B renewal for yourself?
2. Your approval notice was approx. for which month of 2006?
3. As I can make out, your daughter attended the interview with the H1 Approval Notice of your husband? And that means, the information for your husband's H1 petition was not there in PIMS. Am I right here? Can you please let me know which month/year your husband's approval notice was for?
Thanks.
more...
indyanguy
11-27 07:08 PM
From what I can infer from the replies so far:
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
hot Eye Tattoo
Dhundhun
06-11 01:17 PM
How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
Specialized people are not easily available.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
Specialized people are not easily available.
more...
house an eye tattoo.
morchu
05-06 11:51 AM
You are NOT eligible for AC21 benefits (for the part of continuing the GC even after jobchange) on your I140 yet . So technically if the job is different you need another LC and I140. But thinking from a broader view, LC states, job title, description, wage and employer. So from an LC point of view, as long as the stated conditions there remain the same, the job is the same. As long as the job is SAME no issues.
Absolutely no issues, as long as you have a letter from same employer does not matter.
Absolutely no issues, as long as you have a letter from same employer does not matter.
tattoo Tattooing the eye is done by
nixstor
09-18 02:37 PM
I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.
more...
pictures Sergey Rikhter - Eye Tattoo
aa_ke_phas_gaya
04-30 05:09 PM
I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
dresses eye” tattooed on your eye
SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
more...
makeup Eye tattoos gone bad,
gcdreamer05
10-22 06:59 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
girlfriend cat eyes tattoo. Galo Tattoo
gc_bulgaria
02-12 08:50 PM
Sorry, if this seems off-topic.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
We have used it. I don't see any negative effects to green card. You are resident for tax purposes.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
We have used it. I don't see any negative effects to green card. You are resident for tax purposes.
hairstyles Tattooing the eye is done by
ujjvalkoul
07-19 11:36 AM
LOoks like ur employer has not given you this (I-485 w/EAD)option. It may be that he wants to milk u a little furthur.
krishmunn
02-10 09:47 AM
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
chantu
02-29 12:54 PM
bump