mpadapa
08-09 02:30 PM
bump
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conchshell
09-21 09:31 AM
With US Govt. bailing out all banks from their debt, the house price will not fall so fast anymore. The reason is - banks are in not hurry anymore to sell the short sell or foreclosure properties because the losses are taken over by government. Normal house price will not compete with short sale/foreclousers anymore. This is what happened in 1989 too. This will stabilize the prices in coming months once congress makes the RTC a law.
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glus
02-19 01:54 PM
Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
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maveric979
09-08 10:38 AM
Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS
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Ann Ruben
06-22 12:10 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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cooler
07-28 01:00 PM
This might be a cliche..
Neither GC nor the Career meet our ultimate end goals
If you boil it all down, this craziness is driven by three things
1) Hunger for money
2) Hunger for Achievement/Recognition
3) Hunger for materialistic pleasures.
When you are 65+ years old, I bet none of us would be thinking about GC, Citizenship or for that matter how good the infrastructure in this country is. However I bet we will all be thinking about two things
1) Financial Freedom/Retirement
2) A closer and more fulfilling relationship with near & dear ones.
From what I can remember, I have always wanted to come to the US, enjoy the luxuries of life and escape India. 12 years into this country, none of that joy or excitement remains. What has taken over is planning for an early retirement and peace of mind. To put things in perspective, I am neither approaching retirement nor approaching mid life crisis (I think), I am just 35 years old.
My goal now is to make my money without sacrificing too much in life, plan out my future and make my way to the beeline. Hopefully the conversion rates wont disappoint us, and I can disappear into the Indian sunset.
Again, ramblings from a tortured soul.
Cooler
Neither GC nor the Career meet our ultimate end goals
If you boil it all down, this craziness is driven by three things
1) Hunger for money
2) Hunger for Achievement/Recognition
3) Hunger for materialistic pleasures.
When you are 65+ years old, I bet none of us would be thinking about GC, Citizenship or for that matter how good the infrastructure in this country is. However I bet we will all be thinking about two things
1) Financial Freedom/Retirement
2) A closer and more fulfilling relationship with near & dear ones.
From what I can remember, I have always wanted to come to the US, enjoy the luxuries of life and escape India. 12 years into this country, none of that joy or excitement remains. What has taken over is planning for an early retirement and peace of mind. To put things in perspective, I am neither approaching retirement nor approaching mid life crisis (I think), I am just 35 years old.
My goal now is to make my money without sacrificing too much in life, plan out my future and make my way to the beeline. Hopefully the conversion rates wont disappoint us, and I can disappear into the Indian sunset.
Again, ramblings from a tortured soul.
Cooler
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sonu
10-06 10:02 AM
Hi,
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
I am in the same situation as your, USCIS website shows that my wife's AP approved and mine is still pending at TSC. I called USCIS yesterday , they told me to wait for 90 days from notice date.
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
I am in the same situation as your, USCIS website shows that my wife's AP approved and mine is still pending at TSC. I called USCIS yesterday , they told me to wait for 90 days from notice date.
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perm2gc
12-06 04:59 PM
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
more...
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continuedProgress
07-31 11:27 AM
I'm taking chances as well..... switching to EAD on day 10, if not earlier.
If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.
If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.
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michael_trs
05-13 03:35 PM
Smisachu, I agree, I need to add alternative education… thank you for your advice.
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
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fall2004us
10-20 05:36 PM
Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.
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jsb
08-15 02:14 PM
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
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Sachin_Stock
11-09 10:16 AM
I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.
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chanduv23
03-04 11:36 AM
The answer could be
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.
If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.
Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.
If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.
Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.
more...
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GCNaseeb
11-14 11:18 PM
I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
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vinzak
04-20 06:09 PM
Hello all,
I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.
Any experiences would be greatly appreciated. Thanks.
FYI, I received my EAD on Monday. So from application to receiving 105 days.
Took a call to the service number, scheduling an infopass appointment and a letter from my lawyer.
I think the best thing to do is setup an infopass as soon as you are eligible. I believe they do some legwork before the appt like enquiring with the EAD officer etc. before the appointment. I cancelled the infopass the day before the appointment since my online status had changed to post decision activity.
I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.
Any experiences would be greatly appreciated. Thanks.
FYI, I received my EAD on Monday. So from application to receiving 105 days.
Took a call to the service number, scheduling an infopass appointment and a letter from my lawyer.
I think the best thing to do is setup an infopass as soon as you are eligible. I believe they do some legwork before the appt like enquiring with the EAD officer etc. before the appointment. I cancelled the infopass the day before the appointment since my online status had changed to post decision activity.
more...
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royus77
06-18 12:39 PM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .
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panks
04-01 10:06 PM
Hello,
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
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VivekAhuja
02-20 03:45 PM
GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.
fromnaija
08-08 06:55 PM
where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D
See the title of his post: PREDICTION....
See the title of his post: PREDICTION....
GCEB2
09-20 09:01 PM
Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.
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