Ramba
10-05 05:01 PM
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
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pappu
11-14 02:27 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
tertip
03-11 02:39 PM
Hi All,
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
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mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
more...
mhtanim
01-29 07:34 PM
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
In October 2007, your PD was nowhere near current:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.
The I-131 denial was most likely a mistake by the USCIS.
You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
In October 2007, your PD was nowhere near current:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Logically, if your I485 was approved in October of 2007, I would think that it was a mistake by the USCIS.
The I-131 denial was most likely a mistake by the USCIS.
You may have a long wait ahead of you before you get your I-485 approved - just like thousands of us!
srikondoji
09-14 07:21 PM
Guys,
Post a link to the recorded radio interview. I want to listen tonight.
--sri
Post a link to the recorded radio interview. I want to listen tonight.
--sri
more...
ksurjan
10-05 01:30 PM
Folks,
Who receives the AP approval? lawyer or the beneficiary?
Who receives the AP approval? lawyer or the beneficiary?
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vinzak
03-07 04:51 PM
MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)
Thanks for the link.
Apparently you can file a service request after 75 days. I guess that's good news give the overall situation.
Thanks for the link.
Apparently you can file a service request after 75 days. I guess that's good news give the overall situation.
more...
subba
06-19 10:01 AM
He says that is what he always used and he never had a problem.
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ddanait
02-07 02:48 PM
Hi
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
more...
a_yaja
01-06 04:39 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Please let me know if there is any merit in the above statement?
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ashkam
12-01 08:39 AM
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.
It's not your airline but your transit stop. If your flight is through London, you'll probably need a transit visa, but check with someone.
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
It's not your airline but your transit stop. If your flight is through London, you'll probably need a transit visa, but check with someone.
more...
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SNLive999
06-05 06:20 PM
Can someone please respond to my question. Thanks.
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ilikekilo
04-12 06:48 PM
Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
more...
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cdeneo
12-28 07:28 PM
I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
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reddysn
06-16 09:27 AM
My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
more...
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jliechty
May 18th, 2005, 03:58 PM
It's very simple, if you think about it... The first photo (showing dust) was taken at f/32, and the second, lacking dust, at f/2.8. A smaller aperture will not only result in a great DOF in front of the lens, but also behind it; hence, the dust will be blurred and mostly invisible at large apertures because it is slightly in front of the sensor (on the AA / IR blocking filter thing), but will pop out with tremendous clarity at small ones.
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kaisersose
04-16 02:29 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
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extra_mint
11-29 05:32 PM
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
gc2
09-23 01:34 PM
pd is june 06. labor is perm. if i become a consultant would i join a new employer on EAD or H transfer or would it not make a difference ?
pune_guy
02-19 05:20 PM
I would suggest that you follow the option of joining some other company, if that is possible. You would be joining with enough experience so as to qualify for a new EB2 application. You can retain your EB3 application and priority date if 180 days have passed since filing 485, which in your case has happened so you are OK.
Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.
Just my two cents.
Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.
Just my two cents.
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