rssb
09-15 02:18 PM
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Bpositive
08-21 03:33 PM
lots of opinions/answers for your qns...
buffbloke
02-27 11:07 AM
Hi!
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
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voicerj
04-04 10:55 AM
When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
gc_on_demand - Thanks Man, i just forgot about CP. Got it ! Lost in my own world and hoping something works out this fiscal.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
gc_on_demand - Thanks Man, i just forgot about CP. Got it ! Lost in my own world and hoping something works out this fiscal.
more...
anilsal
01-13 10:47 AM
an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.
If infopass does not work, go via senator and ombudsman.
Best of luck!!
If infopass does not work, go via senator and ombudsman.
Best of luck!!
zofa30
09-13 02:16 PM
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
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dealsnet
08-14 01:05 PM
It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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Alabaman
10-05 05:49 AM
The entry for the DV 2008 (aka Visa Lottery) commenced yesterday and would run until noon of Dec. 3. While some countries like India and China are not eligible to participate, it is important to point out some changes that might be indicative of what would happen per current immigration legislations.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
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shsk
07-19 10:51 PM
Hi,
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
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cbpds
08-06 02:09 PM
Its a massive hit even to some staffing comps here
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vdlrao
04-08 02:54 PM
On Page 3 they say total Employement based preferences number was 162,176
Than on page 6 they say total Employement based preferences number was 147,148
147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007
Than on page 6 they say total Employement based preferences number was 147,148
147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007
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belmontboy
05-23 03:36 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
you surely can have two GC app's in process.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
you surely can have two GC app's in process.
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solaris27
10-15 01:57 PM
i had LUD same day and one day after .
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stemcell
10-05 10:19 AM
dude, leave alone pr, i have a canadian passport, this cbsa (canada border services agency) lady one day asked me "who are you going to meet in canada?"
i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
She waited a second to digest it, then said, "okay..go..!!"..
lol
i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
She waited a second to digest it, then said, "okay..go..!!"..
lol
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martinvisalaw
06-04 10:09 AM
You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.
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Lollerskater
09-24 01:34 PM
Sheesh.
I'm a PD: Jun 06 EB3-ROW. I just received 2 yrs EAD. Let's hope this doesn't mean the cutoff dates won't move.
I'm a PD: Jun 06 EB3-ROW. I just received 2 yrs EAD. Let's hope this doesn't mean the cutoff dates won't move.
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vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
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DareYouFireMe
03-09 03:52 PM
For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).
Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
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svam77
07-18 07:05 PM
Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.
sure, I would sign up for the contribution.
sure, I would sign up for the contribution.
glus
11-06 09:06 AM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi PSN,
Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.
new2perm
05-29 10:03 AM
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'
Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'
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