gchopefull
10-02 02:22 PM
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
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ashkam
04-02 10:47 AM
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
I don't think the feds accept gay marriage yet for immigration purposes. It's sad.
I don't think the feds accept gay marriage yet for immigration purposes. It's sad.
popoye
01-15 01:40 AM
video.google.com/videoplay?docid=2117058646892668334: Charlie Rose's Panel
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harrydr
03-29 11:06 PM
What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
more...
mpadapa
08-07 11:34 AM
I'll be there
champu
02-18 05:03 PM
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
You are W2 or 1099.
You are W2 or 1099.
more...
joydiptac
06-21 01:48 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
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Project_A
11-11 10:48 AM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?
Thank you
Project_A
Thank you
Project_A
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hopefulgc
04-10 02:58 PM
The sorting for priority date is not working right.
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
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seaken75
10-09 01:35 PM
bump
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illusions
02-13 05:16 PM
All future GC holders click here
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ilikekilo
04-13 10:10 AM
For me I never got a any communication directly from USCIS for the RFE.
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
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nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
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pushkarw
12-21 01:50 PM
The omni-bus has come and gone! The MILLION dollar drive is a long term strategy. It aims to give IV enough funds to steamroll ahead. It will help IV become pro-active. Every time there is a ray of hope, IV has to come to us for money. A MILLION dollars will ensure that IV does not have to do that. We are nearly 30,000 members and not enough are contributing. The MILLION dollar drive was about one-time contributions of $250 (mind you all contributions are valuable) to reach the magic figure of a million dollars. IV needs the money to become more powerful.
What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?
What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?
more...
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rockstart
07-16 09:07 AM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
I will not recommend Marriage Pics. I would say supplimental documentation like Joint Income Tax return, Lease Papers for Apartment, Insurance papers will be better than marriage picture. But then there is no harm in sending them as well. Perhaps can provide some entertainment to IO who might be bored looking at documents all the time.
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
I will not recommend Marriage Pics. I would say supplimental documentation like Joint Income Tax return, Lease Papers for Apartment, Insurance papers will be better than marriage picture. But then there is no harm in sending them as well. Perhaps can provide some entertainment to IO who might be bored looking at documents all the time.
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Ann Ruben
02-23 01:51 PM
Paul,
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
more...
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vivache
09-26 05:14 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."
Unintelligent question .
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)
Unintelligent question .
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)
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sriswam
06-29 12:57 PM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota. The employer can file for I-907 diectly without invoving the lawyer. The attorneys are not likely to help you now since they are swamped. I'd say ask the employer to file today. Else wait a month!
There is no quota. The employer can file for I-907 diectly without invoving the lawyer. The attorneys are not likely to help you now since they are swamped. I'd say ask the employer to file today. Else wait a month!
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vivache
10-05 07:17 PM
yep .. that was my thinking.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.
So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.
So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?
EB3June03
06-22 06:03 AM
Guys,
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
indio0617
12-07 09:56 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.
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