saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
wallpaper Chuck-liddell-mobile-wallpaper
qplearn
10-17 09:40 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.
qplearn
That is assuming that you have gone through your biometrics appointment.
If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.
qplearn
fall1998
01-12 01:42 AM
:p
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.
Cheers!!!
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.
Cheers!!!
2011 Chuck Liddell Wallpaper
potrero
04-30 08:31 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
more...
Berkeleybee
03-28 11:19 AM
I agree it is hard to comprehend, and I must admit I still do not understand:)
Ramboom1, brb2,
Read the first post in this thread http://immigrationvoice.org/forum/showthread.php?t=346
and ask any follow up questions there.
Ramboom1, brb2,
Read the first post in this thread http://immigrationvoice.org/forum/showthread.php?t=346
and ask any follow up questions there.
Robert Kumar
02-26 11:31 AM
What happens if premium processing is done at this stage.
Will premium be allowed in the 1st place, through:
1. Same company.
2. Different company.
Will premium be allowed in the 1st place, through:
1. Same company.
2. Different company.
more...
jackisback
05-19 06:17 PM
The answer to 2 is receipt date. It has been repeatedly mentioned in many websites and forums
2010 Good Luck Chuck Wallpaper
gparr
July 18th, 2004, 06:53 AM
Some reactions:
On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.
I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.
Hope you don't mind me adjusting and reposting your images.
Gary
On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.
I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.
Hope you don't mind me adjusting and reposting your images.
Gary
more...
purgan
05-01 08:39 PM
Today, Robert Rector, the immigration guru at the conservative Heritage Foundation testified before the House Judicary Immigration Subcommittee.
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
hair and Chuck Norris#39;s big
ita
10-30 01:55 PM
What does taking Infopass mean?
Thank you.
Thank you.
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javaconsultant
04-30 02:35 AM
Guys,
I am not 100 % sure if one can change employer after approved I-140.
But this is what I checked with lawyer --
-- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.
-- Can simultaneously pursue GC from both employers if previous employer does not revoke it.
Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......
I am not 100 % sure if one can change employer after approved I-140.
But this is what I checked with lawyer --
-- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.
-- Can simultaneously pursue GC from both employers if previous employer does not revoke it.
Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......
hot Chuck-bass-mobile-wallpaper
h1techSlave
01-05 05:37 PM
Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
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miceelf88
10-09 05:22 PM
somehow double posted. My apologies
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sumansk
07-11 01:56 PM
:cool:
You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D
You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D
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pictures Good Luck Chuck Wallpapers
piyu7444
07-22 05:28 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
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vgayalu
07-28 04:40 PM
Test Message
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mirage
04-20 11:31 AM
Now I have started to feel nothing is going to happen. They all want to show us carrots, but we'll get sticks. I'm feeling down I am writing a very old hindi song sung by ishore Kumar. I feel as if this song was written for for all of us. I'm sorry for writing this here, but I wanted to share this, as I have this CD in my car and whenever I hear it, I feel I need to share with you guys.
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
dard hamara koi naa jaane aapne garaj ke sab hain diwane
Nobody feels our pain, everybody here is selfish
kise aage rona roye des paraya log begane
infront of whom you are crying, it is an alien country and alien people
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
apne liye yeh sab hain mele hum hai hurek mele mein akele
for me all these celeberations are meaningless as I'm alone here
kya payega isme reh ke jo duniya jeevan se kele
what will you get living in this word where people play with lives
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
dard hamara koi naa jaane aapne garaj ke sab hain diwane
Nobody feels our pain, everybody here is selfish
kise aage rona roye des paraya log begane
infront of whom you are crying, it is an alien country and alien people
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
apne liye yeh sab hain mele hum hai hurek mele mein akele
for me all these celeberations are meaningless as I'm alone here
kya payega isme reh ke jo duniya jeevan se kele
what will you get living in this word where people play with lives
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
girlfriend chuck iphone wallpaper
satishku_2000
08-10 01:40 PM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.
Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process
can you guys tell usually what kind of information is requested in EB3 cases.
RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.
Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process
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jungalee43
03-05 11:47 AM
Our friend from AL: - "interested in SAVE act". He wants to see it move in House.
Looks like there would be some debate. This way or that.
All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.
Looks like there would be some debate. This way or that.
All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.
lvinaykumar
08-28 05:01 PM
How did u manage to get so many red dots....at least you are on top of something!!!!:D:D
lol...
lol...
niles123
12-26 01:32 PM
Chantu,
Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..
Thanks
I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..
Thanks
I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
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