schandra
11-24 04:50 PM
Same here too
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
wallpaper May all our irthday wishes
sounakc
07-29 01:39 PM
^^^^^
pokemon
05-27 12:37 PM
Thx
Pokemon
Pokemon
2011 advance birthday wishes
casper21
07-29 10:46 AM
Can someone give answer to my question??? Please..................
more...
martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
nageshwarraoj
06-15 04:15 PM
I filed I-140 and I-485 before retrogression and
My I-140 is approved May 30th 2006
CATEGORY: EB2 (NIW)
FP1: 10/16/2005
FP2:05/24/2007
Medical: 07/02/2006
Can I expect my Green Cards in July, 2007 please anyone?
My I-140 is approved May 30th 2006
CATEGORY: EB2 (NIW)
FP1: 10/16/2005
FP2:05/24/2007
Medical: 07/02/2006
Can I expect my Green Cards in July, 2007 please anyone?
more...
zCool
03-21 12:20 AM
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
2010 happy birthday greetings in
ksairi
08-17 02:06 PM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
more...
dealsnet
03-28 10:39 AM
Doesn't matter.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
hair Happy Birthday Wishing
Ramba
09-10 05:15 PM
Hmm.. I though many people are there.. bumerr...
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
more...
solaris27
03-13 09:59 AM
Congratulations
hot Card Vintage Happy Birthday
maacho
02-13 02:05 PM
IV fluid for ur greencard ;)
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house happy birthday wishes
gc_coming
07-18 07:04 PM
This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
tattoo Advanced Happy Birthday scraps
h1techSlave
04-10 02:34 PM
I went thru the tracker to see how many are there before Jan 2004 EB3-I. And the news is not good.
Out of the total cases of 27, 389 (All-no filtering), 757 is before Jan 2004 for EB3-I. That's a % of 2.764%.
Now, let us extrapolate this figure to find out the total remaining EB3-I cases. If we take that there are 400,000 pending EB cases, the count of Eb3-I prior to Jan 2004 would be: 400,000 * 2.764 = 11, 056 cases.
With a country quota of 3000 visas, it would take 11056/3000 = 3.69 years to clear this backlog.
Now a word on the potential visa date movement. I have noticed that there are many PDs in the latter months of 2003 - there are very few people with PDs before June 2003. This points to a very strong possibility of the DOS setting the EB3-I visa date as June/July/August 2003 in the coming months.
Out of the total cases of 27, 389 (All-no filtering), 757 is before Jan 2004 for EB3-I. That's a % of 2.764%.
Now, let us extrapolate this figure to find out the total remaining EB3-I cases. If we take that there are 400,000 pending EB cases, the count of Eb3-I prior to Jan 2004 would be: 400,000 * 2.764 = 11, 056 cases.
With a country quota of 3000 visas, it would take 11056/3000 = 3.69 years to clear this backlog.
Now a word on the potential visa date movement. I have noticed that there are many PDs in the latter months of 2003 - there are very few people with PDs before June 2003. This points to a very strong possibility of the DOS setting the EB3-I visa date as June/July/August 2003 in the coming months.
more...
pictures happy birthday wishes for
pointlesswait
02-13 01:10 PM
> American Dream or Pipe Dream!!!
;-)
;-)
dresses Birthday orkut scraps, happy
gc_on_demand
09-10 03:11 PM
If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show
more...
makeup Happy Birthday In Advance
RandyK
10-02 03:06 PM
If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
girlfriend advance birthday wishes
Berkeleybee
03-01 01:22 PM
All you have to do is scroll down the home page.
Let me know if you still have difficulties.
Let me know if you still have difficulties.
hairstyles Happy Birthday Orkut Scraps
pappu
12-31 01:35 PM
My case is not complicated (i believe) but transfered from Texas to Vermont.
May be not many adjudicators over there who can handle 485's or lot of workload.
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )
[QUOTE or has multiple applications?
Family of three.
It maybe a case of load balancing between service centers, but sending to Vermont is odd after they started bi-specialization. Generally I have heard between Texas or Nebraska and in some cases to Local offices. Did the transfer notice say... we are transferring to speed up your case....?
May be not many adjudicators over there who can handle 485's or lot of workload.
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )
[QUOTE or has multiple applications?
Family of three.
It maybe a case of load balancing between service centers, but sending to Vermont is odd after they started bi-specialization. Generally I have heard between Texas or Nebraska and in some cases to Local offices. Did the transfer notice say... we are transferring to speed up your case....?
gsc999
06-29 01:41 AM
Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.
That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D
Hilarious! Couldn't resist :o
---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.
That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D
Hilarious! Couldn't resist :o
bheemi
08-30 12:52 PM
As per my understanding, you should not try to travel outside USA when extension application is pending. Because you will be issued with old I-94 no when you apply for extenstion. Your h1b extention approval petetion contains same I-94 no. Now if you travel before it is approved, you wil have a different I-94 issues t port of entry and it does nto amtch your I-94 which is in extension approval.
Then when you apply for green card or further extensions you will face problems because of mismathcn in I-94 nos..This is my understanding..
Then when you apply for green card or further extensions you will face problems because of mismathcn in I-94 nos..This is my understanding..
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