hyderabad123
01-11 03:58 PM
Hi,
I-485 was denied, then applied MTR on June 2010. I didnt recieve nay update, we are planning to travel hometown bcz of personel problems. I called to expediate on my petiton, they opened SR, after that i recieve the response saying that, ur petition with IO, once we made the decision will let you know. If you have any exp or any one on it please do share with me. That is more appreciate.
Thanks
I-485 was denied, then applied MTR on June 2010. I didnt recieve nay update, we are planning to travel hometown bcz of personel problems. I called to expediate on my petiton, they opened SR, after that i recieve the response saying that, ur petition with IO, once we made the decision will let you know. If you have any exp or any one on it please do share with me. That is more appreciate.
Thanks
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cygent
09-20 10:26 PM
For a home in a nice neighborhood, you will only get a condo for that price in CA. Homes will be in bad areas like S. San Jose, Oakland, Los Angeles - Crenshaw, Inglewood, Long Beach. IN Central Valley, like Fresno, Modesto you might get a good home for that $$ range.
panks
04-02 12:07 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
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venky_handsy
03-07 10:46 PM
you are fine. if you are on vacation for x number of hours...that is fine.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
more...
eb3_nepa
01-14 11:34 AM
Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.
cbpds
04-07 02:18 PM
Hope the may bulletin is published by tommorow as Obama has threatened to veto any stop gap bill
Obama vows to veto short-term bill - Washington Times (http://www.washingtontimes.com/news/2011/apr/7/senate-leader-reid-government-headed-shutdown/)
Obama vows to veto short-term bill - Washington Times (http://www.washingtontimes.com/news/2011/apr/7/senate-leader-reid-government-headed-shutdown/)
more...
JunRN
05-16 03:28 PM
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
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HopeSprings
07-17 03:45 PM
Murthy is a she...and I would but I'm not single. ;)
I don't want to start a battle of words here but it would be great if we could refrain from using such language in this forum.
Administrator, please make sure that we maintain the sanctity of the forum.
I don't want to start a battle of words here but it would be great if we could refrain from using such language in this forum.
Administrator, please make sure that we maintain the sanctity of the forum.
more...
scorpioduo
04-16 04:39 PM
What is an "MTR"?
MTR=Motion To Reopen the case
MTR=Motion To Reopen the case
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dhiru
08-19 12:45 PM
Good new... I went to the INFOPASS Washington Filed Office yesterday (walk-in) and told them that my EAD was expiring the same day and will loose my job if I dont get the EAD in next 5 days. The officer was very helpful and emailed the adjudicator to expedite the process. I received an update this morning saying that my EAD has been approved and the card is in production. Hopefully, I will get the EAD by next week and keep my job. Surprisingly the officer called me this morning to inform the same.
more...
rbms
03-06 05:26 PM
Two responses
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Maverick1
11-16 01:45 PM
Let me restate to make sure I understood your question right :
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
more...
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raysaikat
05-25 03:43 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
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MunnaBhai
12-21 10:48 AM
If you are from a minority community then she might help. Following her papa and UPA Govt.'s policies
:D:D:D:D
:D:D:D:D
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H1InTrouble
09-21 02:30 PM
Hi,
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
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needhelp!
10-09 01:41 PM
From our meet & greet last saturday:
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
more...
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Canuck
02-06 04:44 PM
I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!
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tonyybn
05-04 11:56 AM
Is there any way to link buying house and green card?
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
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sandy_anand
01-24 10:16 AM
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Divergent opinions. Let's hope for the best!
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Divergent opinions. Let's hope for the best!
kurtz_wolfgang
08-15 12:54 PM
your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.
Hello GCGreen,
My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.
Hope this information is ample for you to give me some advice.
Hello GCGreen,
My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.
Hope this information is ample for you to give me some advice.
contact
04-27 10:14 AM
whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.