snathan
07-27 11:44 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
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txh1b
08-18 09:32 AM
Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.
http://www.uscis.gov/files/form/I-765instr.pdf
If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.
http://www.uscis.gov/files/form/I-765instr.pdf
If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.
coolngood4u80
08-23 11:28 AM
My wife is doing her MBA in H4. My PD is July 2008. Being on H4, you can save a lot of money in fees. And also you never know, If at all the visa re-capture bill is passed, you might able to file I-485. So My advice is to continue on H4.
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senthil1
09-09 12:29 AM
Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible
I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
Can EB immigrants expect something out of CIR?
I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
Can EB immigrants expect something out of CIR?
more...
4yourforGC
04-02 01:41 AM
I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.
shree772000
07-20 01:07 PM
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
more...
blacktongue
01-20 02:56 PM
How many Information Technology people?
How many from China?
How many from China?
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perm2gc
08-24 04:45 PM
Hi Everyone,
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
more...
priderock
06-07 06:27 PM
This is a very complex bill with some provisions that could be detrimental to us. But there are some amendments that could help us (and some that could hurt us).
But I some times feel like you do. We as a groups seem to be confused. All along we want to have control over our GC process and not succumb to employers. But when this bill would have given what we wanted all along, we don't want it.
It would have been better to get some of provisions in that would help us rather than an out right opposition. As I said this is a VERY VERY VERY complex bill and there are VERY FEW that understood this completely.
But I some times feel like you do. We as a groups seem to be confused. All along we want to have control over our GC process and not succumb to employers. But when this bill would have given what we wanted all along, we don't want it.
It would have been better to get some of provisions in that would help us rather than an out right opposition. As I said this is a VERY VERY VERY complex bill and there are VERY FEW that understood this completely.
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coolpal
03-30 10:43 AM
If your GC is getting approved today, then your priority date should be current, so I assume you will be (or would have) applied for dependent 485 for your wife (and son?) so they are going to be on AOS...
..or, am I missing something?
pal :)
..or, am I missing something?
pal :)
more...
quizzer
11-21 12:34 PM
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
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alparsons
March 24th, 2005, 03:37 AM
My Pentax *ist D acts like that when the batteries become discharged. I put in freshly charged batteries, and I'm up and running again.
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anreddy77
07-09 11:04 PM
I feel there is no better country than India in the long run..believe me!!!
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eilsoe
10-08 10:56 AM
After half an hour in PS, I can now say... thats I was wrong... not inspired anyways...
Made some crap thats all...
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lost_in_gc_land
01-31 01:26 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
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jotv
10-08 06:48 PM
hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
more...
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sammyb
05-02 09:54 AM
Read this on recent news letter ...
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
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MeraNoAayega
05-18 06:51 PM
This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Good... I hope all the chinese EB3 applicants will file the intake form, then get their GC's....:)
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Good... I hope all the chinese EB3 applicants will file the intake form, then get their GC's....:)
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surabhi
04-14 01:41 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
jayleno
01-08 02:40 PM
One more new option. As a successful business person, why not go for the investor visa EB5?
By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
lvinaykumar
09-07 08:29 PM
Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is
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