funny
08-13 12:41 PM
Hi Folks
I have 2 Approved I140's.
EB3-I PD oct 10, 2003 - Approved - TSC
EB2-I PD July 6th 2006 - Approved - NSC
I filed my 485 on july 2nd 2007 - TSC
RD July 2 2007
ND Aug 16th 2007.
My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.
I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.
Thanks
I have 2 Approved I140's.
EB3-I PD oct 10, 2003 - Approved - TSC
EB2-I PD July 6th 2006 - Approved - NSC
I filed my 485 on july 2nd 2007 - TSC
RD July 2 2007
ND Aug 16th 2007.
My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.
I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.
Thanks
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pns27
10-22 10:54 PM
I have a question:
As most of the EB folks are in the system Will EB3 ever get a chance to dip in to the ROW pool of visas?
What I mean is and correct me if I am wrong; In last quarter of every years any remaining visas from ROW will be used by countries like India/China. However the order of preference is Eb1, EB2 and if any visas are left then EB3. If so them till every Eb1 and EB2 in the system are approved EB3 may not get any additional visas other that the regular quota, RIGHT?
So there is fair chance that all EB1 and EB2 will get cleared soon and EB3 will be stuck for ever.:confused:
As most of the EB folks are in the system Will EB3 ever get a chance to dip in to the ROW pool of visas?
What I mean is and correct me if I am wrong; In last quarter of every years any remaining visas from ROW will be used by countries like India/China. However the order of preference is Eb1, EB2 and if any visas are left then EB3. If so them till every Eb1 and EB2 in the system are approved EB3 may not get any additional visas other that the regular quota, RIGHT?
So there is fair chance that all EB1 and EB2 will get cleared soon and EB3 will be stuck for ever.:confused:
ravi98
10-08 10:32 AM
Lou Dobbs and Isabel Macdonald sparr back and forth
Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)
Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)
2011 Chicken Coop for three .
CRAZYMONK
08-18 08:54 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
So its not denied. They are asking you to provide more documentation. MTR is not necessary
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
So its not denied. They are asking you to provide more documentation. MTR is not necessary
more...
karanp25
07-11 01:43 PM
stop whining. I've seen your other posts as well. If u get an EAD approval, you complain. If PDs move forward, u complain.
No one is going anywhere--this is just another non-sense move - DHS has no clue how many 485 apps are pending...they just moved the dates forward to use maximum visa numbers. EB2 will be back to where it was (or worse retrogress more) after Oct'08.
It's simple math...10K visas a yr and over 160K applications pending. Go figure, how long will it take.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
No one is going anywhere--this is just another non-sense move - DHS has no clue how many 485 apps are pending...they just moved the dates forward to use maximum visa numbers. EB2 will be back to where it was (or worse retrogress more) after Oct'08.
It's simple math...10K visas a yr and over 160K applications pending. Go figure, how long will it take.
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
bkarnik
01-05 06:22 PM
That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!
Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.
My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.
Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.
My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.
more...
istrategist
03-15 12:25 PM
Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
Any help greatly appreciated - thanks!
Any help greatly appreciated - thanks!
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muthukmk
08-03 07:37 PM
to jambapamba
What would happen if my new EB2 application for some reason gets rejected. In that case will that affect my exisiting EB3 485 application in any way?
What would happen if my new EB2 application for some reason gets rejected. In that case will that affect my exisiting EB3 485 application in any way?
more...
krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
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Lasantha
04-01 08:22 PM
I don't see any advantage in doing that but then I am not an expert or an attorney either.
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
more...
bsbawa10
09-07 06:32 PM
And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
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gcdreamer05
03-19 01:26 PM
To safeguard your own identity try to use any identity protection program, i do not work for or i am nto trying to do sales here, but i have used Bank of americas program and i used it for like 1 year it was pretty good. They alert you if there is any fradulent transaction like if any one tries to open a credit card or something with ur ssn number etc...
I would strongly suggest you do that and keep monitoring your reports.
I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.
i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.
Just google for identity theft prevention programs and you should see lots.
I would strongly suggest you do that and keep monitoring your reports.
I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.
i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.
Just google for identity theft prevention programs and you should see lots.
more...
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gc_on_demand
09-19 11:24 AM
If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?
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starscream
04-21 06:28 PM
Sid,
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
more...
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calgirl
08-15 07:54 PM
Folks,
If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?
Any ideas.?
Thanks.
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form
Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?
Any ideas.?
Thanks.
Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form
Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.
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caca1225
12-28 08:14 PM
AILA Leadership Has Just Posted the Following:
AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts.
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts.
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
more...
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immi_2006
02-15 03:09 PM
Try orbitz.com. You can book tickets from India and pay in USD. If the airline you selected still issues paper tickets instead of e-tickets then orbitz mails the tickets to your US address.
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phillyag
02-12 03:36 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
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h1techSlave
02-07 10:55 AM
The article says they spend some thing like $20, 000 for their journey. How can a person who can not afford 2 square meals a day, come up with $20, 000?
Something is fishy.
Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.
What about the Legal Indians? The so called best and the brightest.
Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs
Something is fishy.
Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.
What about the Legal Indians? The so called best and the brightest.
Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs
andy garcia
09-27 02:07 PM
"Flight Capital: The Alarming Exodus of America's Best And Brightest" by David Heenan describes how many other countries are working to become world leaders in technology. Because of new opportunities in their native countries, fewer ultra-high-talent foreign students are seeking higher education in America.
What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.
Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."
Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.
This guy needs to talk to Lou Dobbs:D
---
What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.
Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."
Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.
This guy needs to talk to Lou Dobbs:D
---
gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
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