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lazycis
12-17 09:52 AM
It depends. What is the reason for the denial? Usually notice of denial says whether you can appeal or not.
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GCScrewed
07-12 10:47 AM
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
GCScrewed
07-12 10:47 AM
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
2011 Jennifer Lopez on Telling
Ram_C
11-19 06:16 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.
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transpass
04-23 09:34 AM
Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
kondur_007
03-20 12:33 PM
I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
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abhay
10-30 09:19 AM
I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.
Some fields cannot be edited after you save for the first time like Passport Details (Number, Place of issuance etc).
Some fields cannot be edited after you save for the first time like Passport Details (Number, Place of issuance etc).
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vactorboy29
06-24 04:13 PM
Make sure Hotel is Safe and not with short term stay like pros.... .Even you have to to spend little more go for that.I had very bad experience.I had lost my documents that time.
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heavencard
05-15 04:26 PM
Thank you everyone for your responses.
I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.
I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.
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meridiani.planum
06-15 02:07 PM
hi,
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .
Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?
Pls advise. Any answers would be appreciated
+ you need a new visa stamp to re-enter the country. New approval notice alone is not enough.
+ did you get an I-94 with the new companys H1 approval notice? When you applied that H1, what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal? Because that makes the intermediate H1 a 'bridge' petition, and opens up potentical complications.... read the following:
http://www.immigration-information.com/forums/showthread.php?t=5176
http://www.murthy.com/chatlogs/ch021808_P.html
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .
Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?
Pls advise. Any answers would be appreciated
+ you need a new visa stamp to re-enter the country. New approval notice alone is not enough.
+ did you get an I-94 with the new companys H1 approval notice? When you applied that H1, what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal? Because that makes the intermediate H1 a 'bridge' petition, and opens up potentical complications.... read the following:
http://www.immigration-information.com/forums/showthread.php?t=5176
http://www.murthy.com/chatlogs/ch021808_P.html
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GC_newbee
10-29 09:06 PM
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
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asterix
02-17 10:13 PM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006
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gckosam
08-09 07:04 PM
for every 6 months from Jan 2004 till June 2008. That will give the overall idea on how EB3 trend is going on.
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americandesi
11-17 03:04 PM
Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.
Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.
�Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire
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gc_kaavaali
12-10 07:51 PM
that is why we need work together to get our GC soon....IV is working to remove GC delays...but it cannot do alone because IV is US...Please consider contributing to IV...so that we can get our GC soon...for more details please follow below link...
http://immigrationvoice.org/forum/showthread.php?t=15905
http://immigrationvoice.org/forum/showthread.php?t=15905
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gondalguru
06-20 11:52 AM
I thought that you can use AC21 only if you work for employer and I-485 pending more than 180 days and then you leave the employer to work for somebody else.
Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?
Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?
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gcwanter
07-26 01:35 PM
It depends on if you filed the application yourself or thru lawyer authorizing them with a G28
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
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gc_kaavaali
07-09 12:19 PM
If you don't get your EAD renewal card you should stop working. Because it is illegal.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
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centaur
02-12 10:10 AM
YOur I-94 will be same as expiration of visa, only it will be in your "old" passport. When you get your new passport, you will have to carry the old with it ( the one with stamped visa) and thats it. No worries.
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
newbee7
07-05 12:53 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
Tshelar
06-15 06:05 PM
There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.
Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.
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