watzgc
04-22 06:04 PM
Applied for H1 extension at Vermont (Premium Processing).
working for the same client for more than 3 years.
Submitted paystubs, timesheets, w2 etc for RFE..
But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.
Now filing for a motion....
Sjax,
Have you submiited client letter while replying to RFE?
working for the same client for more than 3 years.
Submitted paystubs, timesheets, w2 etc for RFE..
But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.
Now filing for a motion....
Sjax,
Have you submiited client letter while replying to RFE?
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kaotic
12-31 01:33 AM
dont forget me!!!:rambo:
caydee
03-07 03:46 PM
I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.
The date of petition - Is it the date one applied for the Labor Certificate, or the date of submission of I-140 petition?
The date of petition - Is it the date one applied for the Labor Certificate, or the date of submission of I-140 petition?
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yabadaba
12-11 01:13 PM
This is an awesome move. hopefully they reduce the number of days for public comment and implement this as soon as possible. We need to end labor substitution and concurrent filing now!
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Dj-Studios
05-24 12:14 PM
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cygent
08-07 09:05 PM
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
Thanks for taking notice. That is because of a issue a lot of us face, being eligible for Eb2, but filed under Eb3 due to employer, attorney, etc. etc. et al. Any more Q's I would be pleased to oblige. I will put my category next to that to make it a little more clear :rolleyes:
Thanks for taking notice. That is because of a issue a lot of us face, being eligible for Eb2, but filed under Eb3 due to employer, attorney, etc. etc. et al. Any more Q's I would be pleased to oblige. I will put my category next to that to make it a little more clear :rolleyes:
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skynet2500
08-28 10:03 PM
I got my Wife's and son's passports renewed at NY. I printed the phtos on the computer. My wife's i mailed it(got it back in 1 week). My sons i went to NY. If you go before 11AM, you can collect it back same evening. I did this almost 18 months ago.
Hope this helps
Thanks for the response. Did you use 3.5cm x 3.5cm?
Hope this helps
Thanks for the response. Did you use 3.5cm x 3.5cm?
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nchendica
09-25 01:16 PM
I don't know how much time you took to complete AMIE.
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.
Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.
My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.
It is always better to go for EB3 new labor as you have some time.
Thanks and all the best.
Here are the details of my case:
Hi All �
Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.
My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).
In my labor it�s clearly stated that the bachelor equivalent is needed.
Labor Priority date: 5/10/2007
8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.
9/25/2007 USCIS Receipt Notice received.
10/23/2007 EAD approved and valid till Oct 2008.
6/20/2008 EAD renewal application filed.
Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.
In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.
7/1/2008 RFE Submitted
08/28/2008 I-140 / I-485 got denied
I still have valid H1.
I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011
My questions are �
Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?
How do I convince my attorney that we should go ahead and file the MTR.
Please help!!!
Thanks
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.
Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.
My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.
It is always better to go for EB3 new labor as you have some time.
Thanks and all the best.
Here are the details of my case:
Hi All �
Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.
My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).
In my labor it�s clearly stated that the bachelor equivalent is needed.
Labor Priority date: 5/10/2007
8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.
9/25/2007 USCIS Receipt Notice received.
10/23/2007 EAD approved and valid till Oct 2008.
6/20/2008 EAD renewal application filed.
Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.
In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.
7/1/2008 RFE Submitted
08/28/2008 I-140 / I-485 got denied
I still have valid H1.
I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011
My questions are �
Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?
How do I convince my attorney that we should go ahead and file the MTR.
Please help!!!
Thanks
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gc_kaavaali
03-17 04:14 PM
That is good idea to keep H1B status as much as possible. Use EAD when u have to use it.
Thanks
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
Thanks
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
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fatjoe
03-17 12:06 PM
Hi PD:
Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.
Greatly appreciate you for sharing this link. Rons post is really an eye-opener for those who lose good opportunies in their career, just to maintain H1 status. "The applicant would no longer be eligible for H status beyond six year. Since the applicant remained in H status while waiting for his AOS adjudication, all of that time would count against the six year limit. The applicant would not be allowed to remain in the US in H status following the AOS denial because that would involve a post-six year stay" is a valid and logical point, which many of us would not have realizewd.
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GC_SUCK
03-01 11:29 AM
If you guys don't mind I am opening this thread.
I am just trying to find out the average Lawyer Fee and Cost of GC (including Labor, I-140, 485, AP, EAD etc)
So far I have paid 8K to Lawyer and USCIS.
I am just trying to find out the average Lawyer Fee and Cost of GC (including Labor, I-140, 485, AP, EAD etc)
So far I have paid 8K to Lawyer and USCIS.
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iptel
02-27 02:03 AM
I think lets not get diverted. We have to display prudence in our action
We have 2 question infront of us.
Q1) What we want?
A: We all know that..
Q2) How we can achive this.
A:By convicing lawmaker.
Lets get this things clear
US prsident DO NOT make any law he pass the law or vetos the law.
Economic report 2006 says that US Presidents understand our plight. So if the law passes in HR and Senate I dont see any reason why this will not be signed into law.
Involving Indian authority will may jepordise our cause.
Why?
Permanant Residentship is Privilage NOT Right
America is a soverign nation and many in Congress or Senate specially the Republicans may not like the influence of foreign Government in law making descision. Senators or HR who may sympathise our cause may turn away after India try to put her influence.
We are playing very DANGEROUS game here.
Involve India only if your rights are violated not if your privilage is stuck. I hate to use these words but looks like we are acting as kids rather than adults.
We are not dealing with any trivial issue we are dealing with Government of a country where we are known as "Aliens".
We have 2 question infront of us.
Q1) What we want?
A: We all know that..
Q2) How we can achive this.
A:By convicing lawmaker.
Lets get this things clear
US prsident DO NOT make any law he pass the law or vetos the law.
Economic report 2006 says that US Presidents understand our plight. So if the law passes in HR and Senate I dont see any reason why this will not be signed into law.
Involving Indian authority will may jepordise our cause.
Why?
Permanant Residentship is Privilage NOT Right
America is a soverign nation and many in Congress or Senate specially the Republicans may not like the influence of foreign Government in law making descision. Senators or HR who may sympathise our cause may turn away after India try to put her influence.
We are playing very DANGEROUS game here.
Involve India only if your rights are violated not if your privilage is stuck. I hate to use these words but looks like we are acting as kids rather than adults.
We are not dealing with any trivial issue we are dealing with Government of a country where we are known as "Aliens".
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Munshi75
08-13 10:47 PM
let us take an initiative and plan on meeting in the coming weeks before the end of this month and will make a push for the some of the pending bills. I am willing to travel to DC.
Any ideas or thoughts (does not matter EB3 or EB2)
Any ideas or thoughts (does not matter EB3 or EB2)
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sheela
10-05 01:09 PM
Thank you thank you thank you sooooooooooooooo much!!!!!!!! I didnt even know you had to do this!! I would put my receipt number in check status and worry like a fool. I am just plain stupid!!!!!!!
After creating my account, I realized there has been updates!!! And now am thinking about all those days I worried.... what an idiot I am!!
My husband would be very happy to know this. THANKS SO MUCH!
you may see LUD changing frequently-whenever there is any action or whatever. I saw lud after fp , multiple luds for ead and case trf
After creating my account, I realized there has been updates!!! And now am thinking about all those days I worried.... what an idiot I am!!
My husband would be very happy to know this. THANKS SO MUCH!
you may see LUD changing frequently-whenever there is any action or whatever. I saw lud after fp , multiple luds for ead and case trf
more...
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GooblyWoobly
09-13 06:17 PM
Just got a LUD saying my case that was transferred from NSC to CSC, is getting transferred back to NSC. Looks like they sent it to CSC to just generate the receipt.
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h1techSlave
04-04 04:10 PM
Agree with you 100%. And this does not require a law change and is relatively easy. Not very easy, but easier than getting a new law passed.
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
more...
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Munna Bhai
10-16 04:22 PM
Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.
Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.
Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.
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svn
06-25 12:41 PM
But...I'm not comfortable with subject, that is starting with a question.. ( reply to svn's post)
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
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pd_recapturing
10-19 01:56 PM
I did some more research on this topic. Here are some links:
http://boards.immigration.com/showthread.php?t=205051&highlight=interfile
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=75&Itemid=58 (Search for "Interfiling of I-140 and I-485")
http://boards.immigration.com/showthread.php?t=205051&highlight=interfile
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=75&Itemid=58 (Search for "Interfiling of I-140 and I-485")
mhtanim
10-05 08:10 PM
So what you are saying is that INS and IRS systems are connected?
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
Ramba
09-10 07:07 PM
As per law, one must always carry the original GC with them, like DL. You can see this instruction in 485 approval notice/welcome letter. I am doing it.
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