ivgclive
03-09 02:42 PM
You are already in EAD, and hopefully crossed 185 days dead line. Why can't you go with your EAD for rest of your life?
bugmenot
01-20 11:26 PM
most uni's have a indian student association, the contact is usually found on the website, that would the best way to find them, also orkut has alot of desi student in us communities
snathan
03-09 03:11 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
estrela21
02-08 10:10 PM
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
more...
crystal
02-04 10:52 AM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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
more...
ncgc2005
10-15 01:43 PM
I am in the same boat. I have recieved my 2nd EAD with wrong dates (validity dates same as my 1st EAD). Called USCIS and was told to fill out I-765 and along with the card and send it back to service center (w/o any fees).
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
tikka
06-22 09:30 AM
My laywer has adviced me that the skin test is mandatory
The Tb (skin test) is mandatory..
The Tb (skin test) is mandatory..
more...
bluekayal
02-25 05:21 AM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
permfiling
01-17 01:18 PM
bump^^^^
more...
monkeyman
02-26 11:04 PM
Have your 485 checks been cashed? You really need to start following up - if you went through a lawyer, check with the lawyer. If not, tell the lawyer to give you a status on the receipt notice.
sroyc
12-11 04:24 AM
From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
more...
needhelp!
09-16 01:39 PM
Same thing you used your Cingular minutes for :)
This will be your second round of calls.
Calls to ?
This will be your second round of calls.
Calls to ?
nda050325
07-16 06:22 PM
Sangeetha
This seems to be a new requirement specificed by the consulate.
I havent seen any prespecified format of this letter. But it should contain as much information as possible about your past employment. Some key points would be
Name
Title:
DOJ:
Skillset
Primary duties handled (be as descriptive as possible).
HR Contact Info:
You may want to modify the following template to your skillset:
This letter serves to confirm that Mr. First Name Last name was employed full time in Company name from MM_DD_YYYY to MM_DD_YYYY, in the capacity of OFFICIAL DESIGNATION.
His roles included MENTION ATLEAST 5 BULLET POINTS.
His skill sets included MENTION ALL YOUR SKILLS
He has successfully completed the TRAININGS DONE, and is a Certified GIVE DETAILS.,
Please let us know if you have any questions
Sincerely,
HUMAN RESOURCES
===
This seems to be a new requirement specificed by the consulate.
I havent seen any prespecified format of this letter. But it should contain as much information as possible about your past employment. Some key points would be
Name
Title:
DOJ:
Skillset
Primary duties handled (be as descriptive as possible).
HR Contact Info:
You may want to modify the following template to your skillset:
This letter serves to confirm that Mr. First Name Last name was employed full time in Company name from MM_DD_YYYY to MM_DD_YYYY, in the capacity of OFFICIAL DESIGNATION.
His roles included MENTION ATLEAST 5 BULLET POINTS.
His skill sets included MENTION ALL YOUR SKILLS
He has successfully completed the TRAININGS DONE, and is a Certified GIVE DETAILS.,
Please let us know if you have any questions
Sincerely,
HUMAN RESOURCES
===
more...
sayantan76
12-07 06:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
Appu
04-08 05:56 PM
I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
more...
myvinbox@gmail.com
08-24 04:30 PM
any updates on status of background processing for your 485 ?
anilsal
01-25 09:39 AM
the campaign.
gcnj
03-17 02:45 PM
If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.
piyu7444
04-11 12:08 AM
They did not ask for old pay stubs. Interview was in Feb 08 so asked for 07 pay stub but not for 06 05 or 04.
About job responsibility.......I actually started stating what my current job responsibility is.........for real what is on LC is a subset of what I was describing so my guess is that the officer must have concluded that it matches to LC (she was looking at the document which had LC job responsibilities) and she moved to next question. If it did not match or there was some fumbling in answering the question she might have grilled me....:)
About job responsibility.......I actually started stating what my current job responsibility is.........for real what is on LC is a subset of what I was describing so my guess is that the officer must have concluded that it matches to LC (she was looking at the document which had LC job responsibilities) and she moved to next question. If it did not match or there was some fumbling in answering the question she might have grilled me....:)
abhijitp
01-26 09:32 PM
^^
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