ArkBird
10-28 02:05 AM
If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.
HTH
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
HTH
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
willigetgc?
11-15 09:14 AM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
kanaihya
09-28 03:05 PM
please don't reply those guys with in-appropriate subject lines ...
that is very irritating...S**t t*e F**k o*f...
thanks
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
that is very irritating...S**t t*e F**k o*f...
thanks
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
pmlboy
05-01 04:57 PM
Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?
Thanks.
Thanks.
more...
minimalist
10-02 11:13 AM
I don't know why the guy brought up sarah palin when discussing joe biden. is it a must that something should be said about her for every gaffee that joe makes?remember how the congressman was sent packing after the macaca comment. why no outcry on this 7-11 comment? double standard?
Joe Biden is stating a fact that in Delaware most 711s are owned/operated by Indians. It is a fact the same way as most motels are owned/operated by Patels. You might have heard the saying " In US there are hotels, motels and Patels" Where as Macaca comment is making a insult based on how some one looks and also the specific word is a racial slur.
Joe Biden is stating a fact that in Delaware most 711s are owned/operated by Indians. It is a fact the same way as most motels are owned/operated by Patels. You might have heard the saying " In US there are hotels, motels and Patels" Where as Macaca comment is making a insult based on how some one looks and also the specific word is a racial slur.
manishs7
06-24 06:57 PM
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
I guess this mean back log of 9 months..
I guess this mean back log of 9 months..
more...
rameshk
03-03 04:32 PM
Who is the laywer? can share his contact information with us please?
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
royus77
06-21 08:48 PM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?
more...
Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Norristown
10-15 11:49 AM
Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.
more...
gcdreamer05
02-05 01:06 PM
You cannot use the experience gained in the current position , so subract that and then do the MS + watever was present before the current position and go for it.
Also check some thread on IV which talks about EB2 rules changed or something with respect to job codes etc...
Also check some thread on IV which talks about EB2 rules changed or something with respect to job codes etc...
txh1b
04-16 02:31 PM
Other option is Try to get from University. They will have the copy for the sure.
OP already did that and they seem to have purged it as per his first post.
OP already did that and they seem to have purged it as per his first post.
more...
mdipi
11-02 04:59 PM
input please on 'me2'.
-mike:cyclops:
-mike:cyclops:
eilsoe
10-22 04:44 PM
AAahhh....
I think I remember something now yes...
I was in that basement... d*mn... then i was close to finding him...
I think I remember something now yes...
I was in that basement... d*mn... then i was close to finding him...
more...
WeShallOvercome
07-23 02:14 PM
C. UHRMACHER @ 8:26am on July 2
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
dc2007
08-05 12:56 PM
It was less than year. See answers below..
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
more...
Ruta
07-17 05:38 PM
Office of Communications
www.uscis.gov
July 17, 2007
Contact: Office of Communications
202-272-1200
USCIS Update
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the
Department of State that it would not authorize any additional employment-based visa numbers
for this fiscal year. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s
management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month�s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS
www.uscis.gov
July 17, 2007
Contact: Office of Communications
202-272-1200
USCIS Update
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the
Department of State that it would not authorize any additional employment-based visa numbers
for this fiscal year. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s
management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month�s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS
satishku_2000
11-29 04:01 PM
Hello Gurus,
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
did you use AC21 and inform USCIS?
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
did you use AC21 and inform USCIS?
flex
10-02 02:23 PM
Eilsoe - save some of that inspiration for the game.
smuggymba
01-18 09:12 AM
Go only if you really need to. If it's just a vacation, postponing is a good idea but don't miss out on brother's wedding etc to stay in US.
brb2
08-23 06:06 AM
Master's and higher, outside US has to be in the STEM fields to qualify.
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
------------------------------ Copy paste ends --------------------
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
------------------------------ Copy paste ends --------------------
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