InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
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 certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
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 certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
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Munna Bhai
12-03 05:42 AM
Hi friends,
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
lghtslpr
03-13 05:00 PM
In the March issue of BioScience (a widely read scientific journal) Gillean Andres reports on the growing momentum for new federal incentives to attract new students into careers in science, technology, engineering, and mathematics. The article is available here: Washington Watch: The Cost of Doing Business: Should the United States Create Incentives for science, technology, engineering, and mathematics (STEM) Labor? (http://www.aibs.org/washington-watch/washington_watch_2006_03.html).
Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.
So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.
Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.
So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.
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cox
September 24th, 2005, 05:34 PM
I agree with Chris, nice work :)
more...
my_gc_wait
10-26 04:07 PM
Thanks,
I also asked my company lawyer and they are suggesting that since her status is H4 she can not work. For working on EAD she has to leave country and reenter on AP.
So a little confused here?
I also asked my company lawyer and they are suggesting that since her status is H4 she can not work. For working on EAD she has to leave country and reenter on AP.
So a little confused here?
GIDOC
07-15 12:09 AM
Good Job Geesee,
This is a good avenue for highlighting our issues. I will send her a letter also about retrogression and FBI namecheck issues.
This is a good avenue for highlighting our issues. I will send her a letter also about retrogression and FBI namecheck issues.
more...
Abhishika
09-22 07:45 AM
Hi All,
I am new to this forum. My husband is working for a desi consulting company and they also filed for my h1. Now my hubby is planning to move out.
When my hubby moves out they might bargain using my h1 approval.
They havent given me a copy of the H1b approval. Could some one tell me the reasons to get the I-797 copy from the consultant?Once I get it I would like to transfer to some good company.
I heard that there is a I-824 form requesting copy when the actual approval notice is lost. Can I file for that and it seems it takes 6 months to get the actual copy.
Does the info pass help here ?
Thanks to All.
Abhishika
I am new to this forum. My husband is working for a desi consulting company and they also filed for my h1. Now my hubby is planning to move out.
When my hubby moves out they might bargain using my h1 approval.
They havent given me a copy of the H1b approval. Could some one tell me the reasons to get the I-797 copy from the consultant?Once I get it I would like to transfer to some good company.
I heard that there is a I-824 form requesting copy when the actual approval notice is lost. Can I file for that and it seems it takes 6 months to get the actual copy.
Does the info pass help here ?
Thanks to All.
Abhishika
2010 Kristen Stewart 2011 MTV Movie
pointlesswait
09-30 02:05 AM
;-)
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
more...
sanprabhu
07-27 05:48 PM
I am not sure if non-citizen, non-PR person can contribute to the campaign's of the federal office candidates.
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SGP
05-06 05:19 AM
No more than 30 days.
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h_shaik
10-25 01:30 PM
Hi,
I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.
Is this normal? Or i should contact USCIS about this?
I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.
Any responses are appreciated
Regards.
I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.
Is this normal? Or i should contact USCIS about this?
I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.
Any responses are appreciated
Regards.
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jay75
04-19 01:06 PM
Does anyone hv gone thru this??
My wife has similar situation, found some scars and further so many tests (sputums, broncoscopy) done and all were negative. And as a precautionary measure, she took 9 months INH medication.
Meeting with Civil surgeon to fill out the new I693 form again with all the details as requested by USCIS via a RFE. Back in 2007 the civil surgeon just marked as abnormal xray and patient under complaint and care. So, USICS asked for the follow-up details, medication taken and a clearance from civil surgeon stating that there is no active TB and no further evaluation required.
Will keep posted. Any others in similar situation?
My wife has similar situation, found some scars and further so many tests (sputums, broncoscopy) done and all were negative. And as a precautionary measure, she took 9 months INH medication.
Meeting with Civil surgeon to fill out the new I693 form again with all the details as requested by USCIS via a RFE. Back in 2007 the civil surgeon just marked as abnormal xray and patient under complaint and care. So, USICS asked for the follow-up details, medication taken and a clearance from civil surgeon stating that there is no active TB and no further evaluation required.
Will keep posted. Any others in similar situation?
more...
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Rocky4884
05-26 02:45 PM
Hello,
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
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kishdam
03-24 11:10 AM
No reply yet!!!!
Sent you a Private Message.
I am also from around Boston and used AC21 - but using a lawyer based in Virginia. If you need contact details - let me know I can send.
Sent you a Private Message.
I am also from around Boston and used AC21 - but using a lawyer based in Virginia. If you need contact details - let me know I can send.
more...
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krishmunn
10-14 09:00 AM
Your husband will need to go for H4 once the H1 time runs out (check if any time can be recaptured)
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chanduv23
11-09 09:26 PM
You are asked to assume the position of President of USA and given power to do ONE immigration reform. What will be your reform?
My attempt:
Issue Green Card to anyone who have worked legally in USA for five years and abolish Labor, I-140 and I-485 processes. :D
Please channelize your positive energy for IV. Have you joined a State chapter? Join a State chapter now and talk to your chapter lead and help towards IVs cause :)
My attempt:
Issue Green Card to anyone who have worked legally in USA for five years and abolish Labor, I-140 and I-485 processes. :D
Please channelize your positive energy for IV. Have you joined a State chapter? Join a State chapter now and talk to your chapter lead and help towards IVs cause :)
more...
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Beta_mle
04-15 08:42 AM
One of my minor dependents appears to have been out of status due to non renewal of their H4 visa. We thought that like the original application, dependents were covered by my renewal, found out too late that this is incorrect. Since then we have obtained renewals and the dependent in question now has an approved H-4 status, plus pending 485 and advanced parole.
I have been told though that time out of status is not counted against minors. Is this true?
Is there any risk in travelling out of the country to get visa stamped and returning? I understand this resets the clock. Can the embassy look into the history, find out that previous issue and deny the H-4 stamping because of it?
I am very discouraged by this long drawn out process. Any information would be appreciated.
PS: The minor in question just turned 14 years old. Could this be the reason?
I have been told though that time out of status is not counted against minors. Is this true?
Is there any risk in travelling out of the country to get visa stamped and returning? I understand this resets the clock. Can the embassy look into the history, find out that previous issue and deny the H-4 stamping because of it?
I am very discouraged by this long drawn out process. Any information would be appreciated.
PS: The minor in question just turned 14 years old. Could this be the reason?
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hopelessGC
11-03 11:51 AM
Hi guys,
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
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sunny1000
05-31 01:41 PM
Can I send my daughter to India for an year without having reentry permit?(she has greencard) (or) what is the maximum period children can stay out of US after getting greencard?
Please see the below link:
http://www..com/greencard/retain-greencard.html
Good luck.
Please see the below link:
http://www..com/greencard/retain-greencard.html
Good luck.
Humhongekamyab
02-19 03:57 PM
Dear All,
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Please be more specific. What kind or audit - DOL, IRS, US CIS?
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Please be more specific. What kind or audit - DOL, IRS, US CIS?
sai
03-27 07:22 PM
here comes another BEC. ha ha ha ....never ending journey..
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