psaxena
11-05 06:09 PM
Mine is exactly the same case as yours. I applied under EB3 for that reason.
You do not qualify for EB2 this way, give up that I-140 and apply a new one under EB3.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
You do not qualify for EB2 this way, give up that I-140 and apply a new one under EB3.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
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scorpioduo
04-16 04:39 PM
What is an "MTR"?
MTR=Motion To Reopen the case
MTR=Motion To Reopen the case
NikNikon
June 17th, 2005, 03:44 AM
Maybe my monitor is set a bit dark since I have yet to see my version as being too bright. Do pictures in my gallery seem to bright as well? If so I may have to do some adjustments.
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dan19
10-08 11:14 AM
Hi..
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
more...
punjabi
08-13 11:12 AM
I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.
Unless there is already an active thread, we should not mind if someone opens a new thread!
Unless there is already an active thread, we should not mind if someone opens a new thread!
i-serf
04-20 04:46 PM
I am on H1/valid I-94/ expired visa/ I-140 in progress.
My NJ license is set to expire in about two months.
Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?
My NJ license is set to expire in about two months.
Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?
more...
anu_t
07-21 03:01 PM
Yes. while applying for my new labour My lawyer and my company told me "I can not work from home". I think due to the new restrictions and everything lawyers doesn't want to take any kind of risks any more. (Means that's what I interpreted.)
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gk_2000
10-20 10:13 PM
he is leading his dem candidate by 30 points in one poll
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
more...
invincibleasian
03-27 02:03 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
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babu123
08-20 03:14 PM
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
more...
joshraj
10-03 02:44 PM
Lets Keep Our fingers Crossed :) and PRAY :)
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vladdrac
06-14 09:57 PM
that gun is sweet, and I especially like the lettering you put on it
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madaram
08-09 11:25 AM
pls read what sensenbrenner has to say.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
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pushkarw
12-21 02:19 PM
My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
more...
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asiandude2
05-17 10:12 PM
Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
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kaisersose
10-12 08:47 AM
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
1) Possibly.
2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .
3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.
4) Answered in 3
5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
1) Possibly.
2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .
3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.
4) Answered in 3
5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.
more...
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hpandey
07-03 02:35 PM
Are you going to Mexico on a personal or official company business. If it is a personal visit I would advise you to wait until the H1b approval comes through.
On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .
On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .
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tnite
03-17 01:05 PM
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
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reachinus
07-16 06:53 PM
Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
DUNBAR
09-22 12:48 PM
My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.
lord_labaku
12-16 02:47 PM
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
If your company is not paying what is stated in LS - isnt that fraud?
If your company is not paying what is stated in LS - isnt that fraud?
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