kumar07
09-16 05:08 AM
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
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dhesha
08-29 02:46 PM
So if the date is July 2, what does it mean? Does it mean they are processing cases that are received on July 2 or those who have Notice date of July 2?
Is July 2 included or excluded?
Is July 2 included or excluded?
panks
04-02 12:07 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
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dan19
09-11 04:14 PM
What to advertise??
....Employer says, he did not hear anything from them to start advertising.
....Employer says, he did not hear anything from them to start advertising.
more...
leoindiano
03-17 11:54 AM
there was randon LUD's over weekends....It could be accidental that LUD happened in same week. Your lawyer should be able to do an enquiry into it...
nlssubbu
12-24 01:22 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
more...
HereIComeGC
03-26 11:06 AM
I will go first: 50%
:p
:p
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Canadian_Dream
11-30 05:51 PM
Document mailed for I-131 means actual Advance Parole document is mailed.For I-485 it could be RFE, based on what is written below the status. Like we have requested additional evidence etc.
Canadian_Dream
Does the status 'Document mailed to applicant' mean a RFE?.:eek:
Canadian_Dream
Does the status 'Document mailed to applicant' mean a RFE?.:eek:
more...
moe
02-11 07:49 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
My question to you .. my lottery case priority date can be use for my eb3 case?
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aj1234567
11-21 05:52 PM
hi-
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
more...
gene77
06-25 06:50 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
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Rajeev
08-10 02:54 PM
By other poster...
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
more...
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immi2006
08-21 09:40 PM
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
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a2006
11-29 12:05 AM
Some Qatar air flight transit through London. In that case you will need a transit visa.
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
more...
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chi_shark
08-20 03:07 PM
you are dreaming about points 1 and 2 as marked in your post below. democracy is about govt by the people for the people. got nada to do with taxation. Maybe you live near washington dc and are confused with what they write there on the asses of their cars. 2. people who earn a living from your tax dollars are answerable only to constituents... and you my friend are not a constituent until you become a citizen with voting rights.
have fun flaming me back. ;-)
I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
have fun flaming me back. ;-)
I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
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Better_Days
11-02 05:26 PM
bump. Any insight from those who are smarter than me ?
more...
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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.
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gcphul
01-10 03:56 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
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rajmehrotra
09-15 11:27 AM
Nice idea. Sometimes, bare facts are worth quite a few pictures as well. How about compiling and forwarding the following information for each of our family units?
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
Items can be :
Years spent in the US.
Federal and state income taxes paid during these years.
Social Security contributions made.
Dollars and hours already spent on the immigration process.
Number of U. S. Citizen kids, if any.
A concise writeup on how the applicant's skill set positively impacts the employer.
yabadaba
05-24 02:18 PM
Thank you for your comment and the information. Wayne Greene, city editor
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
sukhwinderd
02-17 09:06 AM
but how do we know it reaches everyone waiting for GC. i think people active on IV are willing to contribute in one way or another, but we are unable to spread the message across EB community. as someone suggested, we need to send email to everyone registered on IV website and ask them to contribute in whichever way they can.
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