InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
madhu345
11-05 05:44 AM
We will Lit 100 Candles by Diwali for sure
srkamath
08-10 04:24 PM
Poll result = 1 pending
Sorry - dark humor:D
Sorry - dark humor:D
whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
more...
mhtanim
10-28 03:29 PM
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
drirshad
07-09 04:56 AM
LCA at 485 level should not be considered and that could be the reason u never heard of one .....
more...
ps57002
09-04 05:12 AM
any pickups from Queens area or Manhattan???
also can someone give link to something that can be printed like a flyer re: rally on 18th?
also can someone give link to something that can be printed like a flyer re: rally on 18th?
james_bond_007
12-07 02:44 PM
I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??
more...
stueym
04-04 03:33 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Nice one, although you are 2 days too late with your "special" news. :D
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Nice one, although you are 2 days too late with your "special" news. :D
sri1309
11-05 10:26 PM
Congratulate OBAMA.. This is the time to tell them that we would like to vote him next time. He knows the immigrant problems.. We should hope for change..
more...
GCard_Dream
12-01 11:17 AM
That's very true but the fact that you will no longer be tied to one employer/career and can freely move around the industry to find that dream job is worth much more than EAD fee, unless ofcourse you already have that dream job. :rolleyes:
This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).
Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:
This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).
Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:
Googler
07-18 08:31 PM
Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.
more...
nashim
08-11 11:28 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
more...
jasmin45
08-06 10:23 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
senthil1
07-05 10:44 PM
Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
more...
martinvisalaw
04-06 12:48 PM
The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
invincibleasian
03-02 02:05 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
jediknight
04-05 09:56 AM
Has anyone on a EAD or H1 taken a FHA house loan?
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)
Would be interested in hearing your experiences.
- JK
chintu25
07-30 12:39 PM
Did you have your A# with your I-140 approval??
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
chapsi29
09-15 10:51 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
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