maine_gc
08-11 01:51 PM
Hi,
My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.
1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.
Please share your experience and also please advice
Thanks in advance
My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.
1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.
Please share your experience and also please advice
Thanks in advance
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vedicman
06-15 10:21 AM
Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??
ThinkTwice
07-09 08:13 PM
I heard from some source that non citizens cannot donate blood... if this is not true then count me in ....
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donmedine
January 5th, 2005, 02:02 PM
I presently have a Nikon D100 which wife is beginning to use more and more....so I am thinking of purchasing another digital Nikon..........was thinking of getting the D70. However since I only need a body I was thinking of perhaps getting another D100 or maybe trading up from there. Any opinions offered would be appreciated.
more...
deepimpact
09-01 06:04 PM
Provided there is no retro . There can be following situations:
a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec
Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.
I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.
a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec
Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.
I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.
rockstart
05-26 03:27 PM
Hello,
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Yes you need to make sure that all documents have consistency in names and dates. As far as your second question goes USCIS has space for just one address which should be your current address. So as long as you can prove that the address listed in CIS system is the most current address then you are fine. There is no law or no way to provide multiple address. Just make sure you can prove that address on file is your primary residence.
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Yes you need to make sure that all documents have consistency in names and dates. As far as your second question goes USCIS has space for just one address which should be your current address. So as long as you can prove that the address listed in CIS system is the most current address then you are fine. There is no law or no way to provide multiple address. Just make sure you can prove that address on file is your primary residence.
more...
navin80
03-16 11:25 AM
Hello all,
I am looking to consult an attorney.
Does anyone know anyone around Edison area in NJ.
I did google and found
- Tewari
- SK Gupta
Does anyone have any experiences with these attorneys. Please advise.
Thanks.
I am looking to consult an attorney.
Does anyone know anyone around Edison area in NJ.
I did google and found
- Tewari
- SK Gupta
Does anyone have any experiences with these attorneys. Please advise.
Thanks.
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idark
06-29 02:19 PM
Nice concept :) Very innovative!
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GCLONGWAIT
09-29 03:54 PM
A background on my case. I have a valid H-1, stamped on my passport. Also, I have my GC in process for 4.5 yrs. My husband was on pending I-485 & working on EAD. In may 2010, my pending I-140 was denied and then appealed. And following that, both mine & my husband's I-485 was denied after 2 months. Our lawyer did file MTR within 30 days of I-485 denial and its still pending:
Questions:
1) Can my husband apply for H-4 by being within USA or he has to leave the country?
2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?
Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.
Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated
Questions:
1) Can my husband apply for H-4 by being within USA or he has to leave the country?
2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?
Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.
Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated
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vallabhu
03-05 11:25 AM
Thanks psgprasad
My case was filed in EB3 and denied due to B'Sc but we have a strong case to refile so we will do that I am using Adam from Murthy law firm.
My case was filed in EB3 and denied due to B'Sc but we have a strong case to refile so we will do that I am using Adam from Murthy law firm.
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kondur_007
12-07 09:51 PM
Search this site for "AC 21" and you will get the detailed answer. :)
Good Luck.
Good Luck.
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EndlessWait
01-28 05:10 PM
The AC21 is for job description being same or similar.
For example "Programmer Analyst" = "Computer Systems Analyst" as per the code mapping.. But if one takes "Senior Software Engineer" job.. with the same job description as per the approved labor which had title "Programmer Analyst"
will it be ok
For example "Programmer Analyst" = "Computer Systems Analyst" as per the code mapping.. But if one takes "Senior Software Engineer" job.. with the same job description as per the approved labor which had title "Programmer Analyst"
will it be ok
more...
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RDB
08-05 04:46 PM
I don't think anybody ask for an EVL at POE! And even if they ask, there are no 'format' requirements. If you want, you can just take a standard EVL mentioning your salary, duration of work and title - that should be it.
as per the old messages about the docs to be taken while travelling in AP, EVL was also mentioned in this forum
as per the old messages about the docs to be taken while travelling in AP, EVL was also mentioned in this forum
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Shrek
07-01 04:56 PM
Hello Experts!!!
I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...
My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08
Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?
Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.
Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?
Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?
PLEASE HELP......
I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...
My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08
Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?
Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.
Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?
Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?
PLEASE HELP......
more...
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mzafar125
02-14 10:53 AM
I was under the assumption that you cannot file for EAD unless your I-485 application has been filed. How come Amit1234 applied for his EAD, his priority date is Jan 04 EB3. Just curious.
Thanks!
Thanks!
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frostrated
06-18 02:46 PM
Hi,
I want to apply for Green Card in EB2 Category through my employee. But I already have a green card in process via my spouse's employee in EB3 Category.
1. So will I be able to get the priority date of the green card process which is in EB3 Category? -- NO
2. Can I add my spouse in my EB2 visa process? -- YES
3. What are risks involved, if any? -- Risk is the same for anyone, just like the one your spouse took.
Many Thanks
See italics.
I want to apply for Green Card in EB2 Category through my employee. But I already have a green card in process via my spouse's employee in EB3 Category.
1. So will I be able to get the priority date of the green card process which is in EB3 Category? -- NO
2. Can I add my spouse in my EB2 visa process? -- YES
3. What are risks involved, if any? -- Risk is the same for anyone, just like the one your spouse took.
Many Thanks
See italics.
more...
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rajuseattle
11-28 11:03 AM
Hello immi2006,
Were your collegues EB-2 classification with old PDs from the DoL's backlog centres?
I see some of the EB-2 indian nationals with old PDs received approvals so that USCIS can process their I-485.
If you are EB-3 then you might want to wait until Dec 2007.
thanks,
Rajuseattle.
Were your collegues EB-2 classification with old PDs from the DoL's backlog centres?
I see some of the EB-2 indian nationals with old PDs received approvals so that USCIS can process their I-485.
If you are EB-3 then you might want to wait until Dec 2007.
thanks,
Rajuseattle.
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cooler
01-15 12:45 PM
Since when has more money than the prevailing wage been a problem?
If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.
As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney
If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.
As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney
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Blog Feeds
10-15 06:30 PM
India has expressed its concern to the Chinese government over Beijing issuing visas on a separate sheet of paper to Indian nationals from Jammu and Kashmir instead of stamping them in their passports. Ministry of External Affairs (MEA), India strongly believes this, as a well-thought-out strategy to question the status of its state Jammu and Kashmir. It has been issuing visas stapled to passports to people from Arunachal Pradesh who have traveled to China since 2007.
MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.
This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.
More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)
MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.
This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.
More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)
ksircar
06-02 03:27 PM
Instead of writing in a common forum, why don't you ask these very personal questions to an immigration attorney?
guy03062
07-24 07:42 PM
This is good question and I am too interested to know answer from gurus. Thanks.
