vikki76
04-13 12:13 PM
If USD falls further-then other alternatives like migrating to Canada and Australia are more attractive.
Australia rewards you in terms of more points for having
-Better English
-Possessing high tech skills in demand
-Being less than 35 years old.
Australia has business ties to both Europe and far east Asia.
Compare this to US high skilled immigration system!. Ah!.
Australia rewards you in terms of more points for having
-Better English
-Possessing high tech skills in demand
-Being less than 35 years old.
Australia has business ties to both Europe and far east Asia.
Compare this to US high skilled immigration system!. Ah!.
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Madhuri
11-02 04:04 PM
In Orance county it's not the same.
My 6 yrs H1 and so license expired on Sept 11, 2006. I am still waiting for my 7th year I 797 document. I went to Laguna hills DMV and they denied accepting the renewal application, since I do noy have my 7th year paper.
They asked me to come back when I have my I 797.
My 6 yrs H1 and so license expired on Sept 11, 2006. I am still waiting for my 7th year I 797 document. I went to Laguna hills DMV and they denied accepting the renewal application, since I do noy have my 7th year paper.
They asked me to come back when I have my I 797.
villamonte6100
04-09 06:30 PM
i'll break my word for one last piece of advice for my sensistive friend:
"The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."
no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have...you have my respect, you are too good in that case to waste your time complaining about this stuff.
I am not complaining. I'm just trying to point out unnecessary comments.
"The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."
no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have...you have my respect, you are too good in that case to waste your time complaining about this stuff.
I am not complaining. I'm just trying to point out unnecessary comments.
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panky72
06-25 05:00 PM
1)Now a days AP renewal is taking 6 months
Mine was approved in less than 2 months (NSC)
Mine was approved in less than 2 months (NSC)
more...
aadimanav
07-14 07:43 PM
* bump *
vsoni
05-24 09:05 AM
What are the chances to pass the bill?
more...
chanduv23
02-11 12:06 PM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
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chintu25
03-27 09:33 AM
Greened you GCMUDDU
more...
seekerofpeace
08-24 03:39 PM
Are there any transfered cases which got approved? I am yet to see one. My service center is TSC but my case starts with WAC as it was sent to Calif for data uploading ...my bad luck...I will be current next month but i doubt any transfered cases will get approved...
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
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Hassan11
02-09 03:35 PM
Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"[/QUOTE]
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.
more...
royus77
07-05 09:35 AM
You can subscribe to CRIS email for status updates. But sometimes you may not get the email. The letter may directly go to your ex employer's Attorney.
Even if you get a NOID, it may go to your ex employer's Attorney. We all know this employer attorney nexus - they are ready to screw you.
Will submitting a new G-28 form and specifying the new Attorney will not work ?
Even if you get a NOID, it may go to your ex employer's Attorney. We all know this employer attorney nexus - they are ready to screw you.
Will submitting a new G-28 form and specifying the new Attorney will not work ?
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inthehole
08-14 12:13 PM
Used AC21 to change employer. I am currently working on EAD.
E-Filed - June 15,2008 (for both me and my wife)
FP - July 12,2008
July 23 - My wife's EAD approved
July 30 - RFE for photos(?)
August 4 - received RFE letter
August 6 - responded RFE (sent photos)
August 7 - uscis received RFE(case resumed)
my current EAD expires Sep 26,2008
For the past 2 days trying book get infopass. I am getting a message saying "No appointment is available, Please try again later".
E-Filed - June 15,2008 (for both me and my wife)
FP - July 12,2008
July 23 - My wife's EAD approved
July 30 - RFE for photos(?)
August 4 - received RFE letter
August 6 - responded RFE (sent photos)
August 7 - uscis received RFE(case resumed)
my current EAD expires Sep 26,2008
For the past 2 days trying book get infopass. I am getting a message saying "No appointment is available, Please try again later".
more...
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ras
07-26 05:11 PM
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
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paskal
12-17 02:48 PM
With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
we have professional lobbyists. and they cost the erath.
and that is why we need contributions. as long people "don't believe" we don't succeed. it's up to you, it's your issue as much as mine. professionals cost a lot of money, and this thread is quibbling over 20 and 50 bucks. anyway who is the knight on the white horse coming to rescue us? it's just us buddy, and we have to do our best. i like your analytical thinking. we need you to join in and help. any number of volunteers is less imho...
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
we have professional lobbyists. and they cost the erath.
and that is why we need contributions. as long people "don't believe" we don't succeed. it's up to you, it's your issue as much as mine. professionals cost a lot of money, and this thread is quibbling over 20 and 50 bucks. anyway who is the knight on the white horse coming to rescue us? it's just us buddy, and we have to do our best. i like your analytical thinking. we need you to join in and help. any number of volunteers is less imho...
more...
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walking_dude
12-12 10:30 AM
You are right. Things aren't moving fast enough because there is a general lack of participation from the otherwise intelligent EB immigrant community.
Even if 20%-30% were really proactive in supporting IV, things would have moved much faster.
We need to develop really intelligent strategies considering all the factors. Just throwing out ideas and organizing rallys may not be enough (although needed).
There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.
IV is already doing lot of these but does not seem to be working fast and effective enough.
Even if 20%-30% were really proactive in supporting IV, things would have moved much faster.
We need to develop really intelligent strategies considering all the factors. Just throwing out ideas and organizing rallys may not be enough (although needed).
There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.
IV is already doing lot of these but does not seem to be working fast and effective enough.
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Jerrome
03-19 09:55 AM
I fully agree to this post. If someone is coming here to asking for help, give it if you want. Don't throw shit or try to judge the person. I think these guys are waiting for chance to throw shit at someone, since they have handful
Did my post suggest in any way that I was defending the guy? I was only ridiculing those who were bad mouthing him.
Are you suggesting that my post would have scored more points if I came out with more ammunition? I did not post in order to win your accolades. The fact that you felt there is not enough ammunition, suggests to me that you think it is perfectly fine to do all those filthy things I was referring to. This tells me about your moral standard.
You had to assume that I probably have a criminal issue too, and thats why I was defending the original poster? Is that the best your mind can think of?
You are sick and tired of defending our community? Do you imply that most people from our community have turned to criminal acts these days, and so you are tired? Because, I have not seen that around the people that I move around with. Is it all too common in your circles and the people you associate with?
You most probably have half the education that I have, your salary is most likely half that of mine, and your moral standard is probably half that of mine. If I start ridiculing you more, you will suffer sleepless nights. So I won't do it (after this post, I mean).
You don't post bullshit in a public forum, just because you can't see the people you are talking to, infront of you. Would you dare call the original poster 'thief' if he is standing infront of you? Would you call him that, if he is a friend of your roommate and your roommate brings him over to your house? The internet must be a new technology for you. Please learn how to use it to spread some love.
To the poster above you:
It is true that the law does not impose punishments on backstabbers, womanizers, sexual perverts, etc. Prostitution is legal in a lot of countries. The fact that the law permits some things, does not have any bearing on the moral severity or the lack thereof, of those things. Would you choose a 'prostitute' over a 'shop lifter' for a wife? If these are the only 2 options, I would be content with a shop lifter. Would you choose a 'prostitute' because there are no criminal issues involved and you will get your greencard faster?
Even though not many people have posted in support of my post, my reputation has gone up, and yours probably went down. Please don't respond just because you want a revenge.
I will always stand up for the one weak guy who is bullied by a 100 really nice & powerful ones. This can't be called defending the act of 'shop lifting' !!!
Did my post suggest in any way that I was defending the guy? I was only ridiculing those who were bad mouthing him.
Are you suggesting that my post would have scored more points if I came out with more ammunition? I did not post in order to win your accolades. The fact that you felt there is not enough ammunition, suggests to me that you think it is perfectly fine to do all those filthy things I was referring to. This tells me about your moral standard.
You had to assume that I probably have a criminal issue too, and thats why I was defending the original poster? Is that the best your mind can think of?
You are sick and tired of defending our community? Do you imply that most people from our community have turned to criminal acts these days, and so you are tired? Because, I have not seen that around the people that I move around with. Is it all too common in your circles and the people you associate with?
You most probably have half the education that I have, your salary is most likely half that of mine, and your moral standard is probably half that of mine. If I start ridiculing you more, you will suffer sleepless nights. So I won't do it (after this post, I mean).
You don't post bullshit in a public forum, just because you can't see the people you are talking to, infront of you. Would you dare call the original poster 'thief' if he is standing infront of you? Would you call him that, if he is a friend of your roommate and your roommate brings him over to your house? The internet must be a new technology for you. Please learn how to use it to spread some love.
To the poster above you:
It is true that the law does not impose punishments on backstabbers, womanizers, sexual perverts, etc. Prostitution is legal in a lot of countries. The fact that the law permits some things, does not have any bearing on the moral severity or the lack thereof, of those things. Would you choose a 'prostitute' over a 'shop lifter' for a wife? If these are the only 2 options, I would be content with a shop lifter. Would you choose a 'prostitute' because there are no criminal issues involved and you will get your greencard faster?
Even though not many people have posted in support of my post, my reputation has gone up, and yours probably went down. Please don't respond just because you want a revenge.
I will always stand up for the one weak guy who is bullied by a 100 really nice & powerful ones. This can't be called defending the act of 'shop lifting' !!!
more...
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WithoutGCAmigo
06-18 11:12 AM
You mean the EAD and AP application?
They will send your application back to you.Maybe some experts can opine on this
They will send your application back to you.Maybe some experts can opine on this
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Imigrait
07-31 12:42 AM
Forget September, can any member say with confidence that dates for October will move forward at least 3 years for each category compared to August Bulletin?:rolleyes:
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seahawks
04-28 11:24 AM
Contributed 100 more, go IV go!
Seller Information: Immigration Voice
donations@immigrationvoice.org
Transaction ID: 5W393806X25708507 Placed on Apr. 28, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Seller Information: Immigration Voice
donations@immigrationvoice.org
Transaction ID: 5W393806X25708507 Placed on Apr. 28, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
h1techSlave
06-12 12:15 PM
One big missing piece in your analysis - Country quota.
As per your analysis, there are around 125K pending cases. If there is no spill over (that is the case this year and that will be the case for the coming years as per State dept.), then EB3-I or EB2-I gets only 2700 visas per year.
Now, please redo your math and you can easily see that the current retrogress might look like there is hardly any retrogression.
This is my thought process (also referred by Ron G):
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
As per your analysis, there are around 125K pending cases. If there is no spill over (that is the case this year and that will be the case for the coming years as per State dept.), then EB3-I or EB2-I gets only 2700 visas per year.
Now, please redo your math and you can easily see that the current retrogress might look like there is hardly any retrogression.
This is my thought process (also referred by Ron G):
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.