gcseeker28
07-28 03:54 PM
So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
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go_getter007
12-19 05:18 PM
I withdrew my EB1 485 prior to filing EB3 485. Moreover, I specifically wrote on my EB3 485 form about my EB1 485 withdrawal and gave prior A#'s as well. I was assigned the same A# in EB3 but my wife got a different number from EB1.
GG_007
Multiple I-485 Filings Not Advisable
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
GG_007
Multiple I-485 Filings Not Advisable
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
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h1b_tristate
07-28 08:35 PM
Hi Everyone,
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
more...
jasmin45
08-08 04:36 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.

speedo
08-05 11:49 AM
I filed 485 with G28 form and I just got the receipt yesterday.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
more...
pressman
January 5th, 2005, 04:55 AM
Rob - this is superb street journalism - the selective colouring adds to the impact. Nice job.
Pete
Pete
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kondur_007
03-28 10:16 PM
Was the extension with current employer applied before the expiry of your current I 94? Then only 240 days rule apply. Otherwise your are accumulating illegal presence.
You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.
You need help from a good competent attorney instead of advise from forum; your case is quite complicated. If not handled properly, you may be subject to 3/10 bar. In any case, you need a very good legal advise even before you leave US.
more...
mambarg
07-27 12:45 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
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HereIComeGC
03-26 01:49 PM
How did you come to this conclusion?
From previous experiences, USCIS will work like crazy and use up all
visa numbers for EB2. Like they did last September - approving 60000 or so appplications.
From previous experiences, USCIS will work like crazy and use up all
visa numbers for EB2. Like they did last September - approving 60000 or so appplications.
more...
return_to_india
12-19 02:36 AM
California unemployment quite high.
I have my backup as India ( i will sell one of my land properties there and survive ,
also no worry about medical costs - leading cause of bankrupt americans ), but what
about the citizen here, where do they go to survive ?!
I have my backup as India ( i will sell one of my land properties there and survive ,
also no worry about medical costs - leading cause of bankrupt americans ), but what
about the citizen here, where do they go to survive ?!
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a_yaja
04-02 08:33 AM
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
On a separate piece of paper, this is exactly what I entered:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for AP for my spouse and myself and we got it approved without any problem.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
On a separate piece of paper, this is exactly what I entered:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for AP for my spouse and myself and we got it approved without any problem.
more...
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dontcareanymore
03-30 09:50 PM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations !! When was your last FP done ? Did you get the second FP ?
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations !! When was your last FP done ? Did you get the second FP ?
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gc_check
01-17 08:21 AM
Refer to the below url for more details.
http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply
Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.
http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply
Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.
more...
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masti_Gai
12-20 09:29 AM
u don't even know what a labor is and u gotten through ur 140 stage... sounds weird tho...:rolleyes:
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gc28262
01-16 04:45 PM
AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.
If employer offers H1B transfer, use that and also invoke AC21.
If employer offers H1B transfer, use that and also invoke AC21.
more...
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bathuzp
11-10 10:39 AM
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
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greencardvow
07-20 08:22 PM
Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site
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greatzolin
08-21 05:49 PM
My checks were cashed on Aug 20th for RD of Jul 16th :)
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
GCNaseeb
11-15 08:52 AM
When we went for our Biometrics, all our FP Notices were misspelled. We informed the bio technician and she corrected on their system there itself.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
After the FP, I see there is an LUD also. I am hoping today's infopass meeting would be fruitful. Let's hope they just certifiy my EAD and AP there itself. :)
My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.
s_r_e_e
08-15 11:53 AM
instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.
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