InTheMoment
07-19 10:47 PM
srarao,
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
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sapota
07-15 10:22 PM
Me am in Austin.
After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.
After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.
suresh.emails
01-12 01:55 PM
It was clearly written in the last 2 pages of any Indian passport that, one should not handover passport to any one; unless other wise MOE (Ministry of External Affairs), Indian Court has ordered so.
It is illegal to:
1. Hand over passport to any one
2. Send through courier across borders
3. To Mortgage passport (a set of people will do in some cases; when they owe money)
4. In Possesen of others passport.
The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).
So be careful in doing so.
P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.
It is illegal to:
1. Hand over passport to any one
2. Send through courier across borders
3. To Mortgage passport (a set of people will do in some cases; when they owe money)
4. In Possesen of others passport.
The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).
So be careful in doing so.
P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.
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Berkeleybee
04-03 04:36 PM
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:
The NAS report is available at http://fermat.nap.edu/catalog/11463.html
The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document
"In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."
The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."
The document you have linked to says
In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.
And the document footnote says
Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.
So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"
Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:
The NAS report is available at http://fermat.nap.edu/catalog/11463.html
The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document
"In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."
The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."
The document you have linked to says
In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.
And the document footnote says
Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.
So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"
more...
India76
07-17 06:18 PM
PLEASE HELP PLEASE
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
ilikekilo
07-21 10:43 AM
I still can't imagine Sen Hillary Clinton did not support legal immigrations..hmm, may be when we send it to Obama, he can take it up with his opponent to get her support too.. who knows, it is all a tricky issue
seahawks - obama did not even vote...smart...
seahawks - obama did not even vote...smart...
more...
enggr
11-21 01:47 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
Hi Wandmaker,
thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice
Hi Wandmaker,
thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice
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glen
04-09 04:42 PM
Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
more...
number30
05-08 06:27 PM
What if you directly send a personal check?
MAy be good for large amounts. But for small amount too much fees is associated. I sent some checks of $100 to a charity , almost Rs 500 was deducted as fees for every Check. It was Syndicate Bank where they encashed the check.
MAy be good for large amounts. But for small amount too much fees is associated. I sent some checks of $100 to a charity , almost Rs 500 was deducted as fees for every Check. It was Syndicate Bank where they encashed the check.
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bmoni
12-22 08:42 PM
I thought the same thing when i read it first time ...
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
see the very next sentence after that statement
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
more...
ksircar
07-01 01:52 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Please read the discussion threads under Student aid at the EAD stage .
Thanks
Please read the discussion threads under Student aid at the EAD stage .
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deepakd
07-08 08:30 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
One can get all the tax forms submitted to IRS ( including w-2 ) for free.
Here is the info from IRS:
Need a Copy of Your Tax Return Information?
Requesting transcripts (individuals):
You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.
Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.
Definitions:
A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
One can get all the tax forms submitted to IRS ( including w-2 ) for free.
Here is the info from IRS:
Need a Copy of Your Tax Return Information?
Requesting transcripts (individuals):
You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.
Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.
Definitions:
A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
more...
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rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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jambapamba
07-19 07:48 AM
NO
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
more...
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pappu
08-11 01:12 PM
Immigration Voice would like to thank its members for their continued support and dedication. Your contributions and volunteer efforts will enable us to work towards solving the issues that we all face during our employment based green card process.
The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
================================================== ====================================
IV Advocacy Action Item August 2009
The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.
To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html
In summary there are three parts to this action item
1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.
2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
================================================== ========================================
Democracy, Advocacy and You
Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.
Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.
Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.
Thank You
Immigration Voice
The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
================================================== ====================================
IV Advocacy Action Item August 2009
The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.
To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html
In summary there are three parts to this action item
1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.
2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
================================================== ========================================
Democracy, Advocacy and You
Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.
Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.
Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.
Thank You
Immigration Voice
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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
more...
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lapisguy
07-25 05:42 PM
Hi,
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
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nozerd
01-15 01:35 PM
1) General test.
2) Best thing is not to ask them to send results. Just get an extra copy for yourself and mail it to Buffalo. No specific officer just write on the address
TO
File # B4567890
Immigration section
Consulate General of Canada
Best of luck
2) Best thing is not to ask them to send results. Just get an extra copy for yourself and mail it to Buffalo. No specific officer just write on the address
TO
File # B4567890
Immigration section
Consulate General of Canada
Best of luck
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05-19 03:52 PM
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ps57002
10-09 05:32 AM
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
meridiani.planum
11-21 12:07 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
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