pappu
04-16 10:46 AM
Admins,
Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.
I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.
Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.
I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.
wallpaper puppy and kitten Puppies
onemorecame
06-25 04:18 PM
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
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
2011 WP23187 Alarmed kitten with
waitin_toolong
10-01 02:34 PM
because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.
more...
indianabacklog
03-17 07:47 AM
The detail is in the advert for the position. It is very specific in its requirements and you do not match them.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
samswas
09-28 03:43 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
more...
prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
2010 Wet Puppies| Siamese Fighting
dbevis
October 27th, 2003, 07:41 AM
Some shots from yeasterday at and around the Delaware Water Gap:
http://www.pbase.com/image/22684252
I really like that waterfall shot.
http://www.pbase.com/image/22684252
I really like that waterfall shot.
more...
paskal
12-19 03:12 PM
Dear MN members,
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
hair house a cute puppies, kittens
eb3_nepa
08-14 02:47 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
more...
abhatti
07-16 02:56 PM
where do you all see/consult for updates or news on USCIS activities?
hot kittens and puppies.
noone2day78
02-10 07:00 PM
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
more...
house Kitten Still Loves Puppy
hpandey
01-21 11:37 AM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
Has it anything to do with immigration??
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch
What do you think?
Has it anything to do with immigration??
It will only start a fight between members on parenting style.. and a bitter fight at that.
If u like the article you are free to raise your children like that.
Read this to know what your children will think of you when they grow up ...
http://www.cnn.com/2011/OPINION/01/20/lac.su.tiger.mother.scars/index.html?iref=allsearch
tattoo dogs,cats,puppies, bears,
lazycis
09-27 02:26 PM
Title 8 C.F.R. � 205.1(a) states, in pertinent part, that:
The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
You cannot port revoked petition, because it does not exist anymore.
The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
You cannot port revoked petition, because it does not exist anymore.
more...
pictures Puppy Fight! Add to the Snuzz!
Lisap
02-25 02:18 PM
Hello All,
I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!
I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!
dresses Oof, that puppy#39;s about to get
Prasad_FL
08-06 04:29 PM
Hi Pals,
Let us exchange the info so that we can contact each other and plan things. My phone no is 954 431 5281. If you do not want post ur info, you can send private messages to exchange the info.
Thanks,
Prasad.
Let us exchange the info so that we can contact each other and plan things. My phone no is 954 431 5281. If you do not want post ur info, you can send private messages to exchange the info.
Thanks,
Prasad.
more...
makeup Precious Puppies Screensaver
dan19
10-18 12:22 PM
One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.
My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.
Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.
The company then sent back the rebuttal stating the new efforts made.
The DOL then approved:) the case.
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.
Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.
The company then sent back the rebuttal stating the new efforts made.
The DOL then approved:) the case.
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
girlfriend images of Puppies and Kittens
TeddyKoochu
05-19 01:59 PM
How and how they can prove he is not going to do any work at the location, the client will not be charged for that?
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
hairstyles cat, kittens, cat problems,
veni001
02-03 03:53 PM
thank you veni, that is very informative and solid reference.
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
That's correct.
Good luck!
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
That's correct.
Good luck!
zephyrr
07-16 11:51 PM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
wonder why different attorneys have different requirements
nozerd
01-15 09:52 PM
Looks like the best bet for you would be to give the exam in either Houston or Dallas.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
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