austingc
08-17 02:32 PM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
chanduv23
06-25 08:00 AM
This is an answer to Ron Hira types of folks who complain H1b visas are complimenting offshore work. So the answer to Ron Hira is - B1 visa will compliment the offshoring and not h1b.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
STAmisha
07-08 06:38 PM
I guess you can apply for 2 140's
Jaime
07-30 05:06 PM
Hey man, there are like 2 other threads on this, but I'm glad that you brought it up, because this subject seems to have fallen by the wayside. I think that we should take this initiative by Senator Specter into consideration as part of our September 13 rally efforts, thoughts?
more...
Bush
02-21 12:38 PM
S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
jq45
06-15 10:11 AM
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
more...
eb3_nepa
02-03 12:52 PM
Hi guys,
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
GCHope2011
05-21 08:59 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
Since there was more than one person referred to in the post, it looks like they could not decide what to write and got busy fighting with each other over what to write...
Since there was more than one person referred to in the post, it looks like they could not decide what to write and got busy fighting with each other over what to write...
more...
ajju
08-13 12:44 AM
This means clouds are flooded with GC's and they are dropping to earth drop by drop.
loved the song.. heard so many times.. without knowing the detailed meaning :-)
I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
loved the song.. heard so many times.. without knowing the detailed meaning :-)
I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
shadowbuddy
03-15 02:14 AM
Hi All,
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.
Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.
We have to refile. I re-wrote the checks and we are submitting the package again.
How can we demand that our application be accepted based on the original filing date of November when we were current?
would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!
How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.
thanks!
more...
needhelp!
10-02 01:53 PM
we miss you...
smsthss
11-15 01:18 PM
In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.
more...
saint_2010
07-11 04:44 PM
Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.
Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
chanduv23
05-04 04:37 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
Just imagining what the details of the RFE could be?
more...
reddy_h
08-20 09:57 PM
just ignore H-1. you need not worry as you filed AOS. you need the H-1 approval only if you want to keep maintaining H-1 status by filing H-1 transfer with your new employer otherwise you can just ignore the H-1 you already filed. if you still want to revoke the H-1 petition, only your employer can do it as it is your company's petition.
kumar1
07-13 03:08 PM
Good.
more...
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
ras
04-10 03:31 AM
How many days did the response delayed?
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
nefrateedi
08-09 11:46 AM
Have you put a last date for cashing, on your check?? I just want to know how to do it?
Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
Thanks for your wisdom and help to the IV community.
I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.
Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
Thanks for your wisdom and help to the IV community.
I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.
smuggymba
06-02 10:07 AM
Buying insurance and filing claim are two completely different things and experiences. The first step of insurance companies is to deny claim...this is built in their business model.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
small2006
08-28 05:15 PM
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.
Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.
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