Dipika
08-06 12:12 PM
count me for Dec 2004.
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IndianIII
09-27 10:35 PM
Your university looks like a wierd one. How can one get a course completion certificate when there were 2 papers pending.
easygoer
12-03 11:52 AM
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
WhiteStallion is right. I received ref on my EB2 due to combination of degrees. However, once filed with single degree as Master's it was approved
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
WhiteStallion is right. I received ref on my EB2 due to combination of degrees. However, once filed with single degree as Master's it was approved
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enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
more...
jjava100
01-13 03:52 PM
I took Lufthansa and traveled in November via Frankfurt with out a valid visa and did not had any issues with the transit visa. I had visa while coming back.
imm_pro
06-13 01:45 AM
Man..great find...nice article..from probably the most reliable organization which no one can dare contardict.
more...
burnt
05-31 10:35 AM
Done - For me and my spouse
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gcphul
09-21 02:46 PM
http://www.aila.org/content/default.aspx?docid=23290
more...
Alabaman
04-22 05:34 PM
I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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mgmanoj
08-25 05:30 PM
I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?
more...
VMH_GC
07-02 06:25 PM
Medical : 600 for both me and wife
Photo: $16
Lawyer fee: Company (may be $1500)
Document preparation time : 30 Hours
Total : approx: $2200
Photo: $16
Lawyer fee: Company (may be $1500)
Document preparation time : 30 Hours
Total : approx: $2200
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crazy
06-07 11:35 AM
I am in 4'th year of H1b. I filed for I 140 and got approved in May 2006.
After that I changed my company. My new company is going to apply for my GC In jun.
I know that I can use previous priority date from employer 1. But my question is with this new CIR bill Will my case be considered under old system?
Please help.
I am going to do as much as I can for this forum. It's like angel's help for me.
After that I changed my company. My new company is going to apply for my GC In jun.
I know that I can use previous priority date from employer 1. But my question is with this new CIR bill Will my case be considered under old system?
Please help.
I am going to do as much as I can for this forum. It's like angel's help for me.
more...
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ChainReaction
04-02 12:55 PM
sent both faxes #10 & 11 :)
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wellwishergc
04-12 07:57 AM
Thanks werc, for this posting.. It makes things very clear!!!
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
more...
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Kitiara
02-07 09:36 AM
It's one up in Gloucestershire... I used to visit it a lot when I went on holiday with my parents when I was young. Can't remember the name of it though.
Was always mad about castles. Loved the whole medieval thing.
Was always mad about castles. Loved the whole medieval thing.
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paskal
07-13 11:16 PM
Hi everyone,
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
more...
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abhijitp
09-23 02:52 AM
IV hadle of Dr Saurabh is 'drsaurabhsethi'. abhijitp, you guys rocked the stage with my favourite music. I want congratulate everyone in CA chpater for their enthusiasm and grand participation in the rally. You guys did it, what we couldn't do being local to DC. We learned a lot from CA chpater memebers from their dedication and hard work. Keep it up. Hats off to all CA members.
I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.
Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)
I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.
Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)
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looivy
07-13 05:57 PM
It for illegal folks.
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
The Senate is currently considering the FY 2008 Department of Defense Authorization (H.R. 1585). Senators Specter and Leahy have offered the Habeas Corpus Restoration Act as an amendment to the bill; and Senators Durbin, Hagel, and Lugar are planning to offer the DREAM Act as an amendment. Call your senators now and urge them to vote YES on these amendments!
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miguy
06-19 03:53 PM
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
Lisap
08-23 04:19 PM
Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.
We are a Union and thats how a union works that is actively supporting the cause of its members.
If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.
Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.
If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV
Number is the bargaining power and we are here to bargain. Period.
Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.
Now my direct question to you is : are in or are u out?
With people like you on here- I am out too!
We are a Union and thats how a union works that is actively supporting the cause of its members.
If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.
Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.
If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV
Number is the bargaining power and we are here to bargain. Period.
Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.
Now my direct question to you is : are in or are u out?
With people like you on here- I am out too!
himu73
10-01 08:51 PM
I read on USCIS website update on Sept 28 that CSc is assisting TSC to enter the applications. My transfer notice states that application is still under TSC/ But I am also not sure which center will finally process
ANYONE else in this queue.
ANYONE else in this queue.