panks
04-01 10:06 PM
Hello,
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
wallpaper Fate Stay Night Beach
Rb_newsletter
01-25 08:42 PM
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
chandra140
08-28 11:09 AM
Hi,
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
Got some info reg my 140 issue.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.
Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)
Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
2011 Fate Stay Night-Saber
eldrick
08-16 02:12 PM
Thank you guys.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
more...
Leo07
11-27 12:41 PM
Post July 15th 2007...Labor substitution is banned...Thanks to many cheap consulting companies for selling the Labor Certs in Black market.
roseball
06-29 03:26 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
more...
bluekayal
08-21 07:16 PM
To the red dot distributor
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
You said to me:
"Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."
These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.
2010 Fate Stay Night Wallpaper
conundrum
03-28 10:01 AM
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.
Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.
more...
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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?
hair Eternal Snow Fate Stay Night
micofrost
09-01 05:37 PM
Dude,
Since you have said "no offence", I will be polite too.
First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.
Compare 3 million to the 1.15 Billion population. You calculate the %age.
Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.
And the person who is trying to immigrate, has nothing to do with his/her culture.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
Since you have said "no offence", I will be polite too.
First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.
Compare 3 million to the 1.15 Billion population. You calculate the %age.
Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.
And the person who is trying to immigrate, has nothing to do with his/her culture.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
more...
Ramba
03-26 11:42 AM
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
hot Fate Stay Night Wallpaper
mzafar125
08-19 12:40 AM
Folks,
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
more...
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slc_ut
01-16 10:38 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
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sriramkalyan
06-23 02:56 PM
May be it is positive for skilled legal immigration. Since CIR is not coming anytime soon, congress can look at improving exiting legal immigration and Administrative changes can happen!!
more...
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solaris27
04-20 02:41 PM
6 months
dresses Fate Stay Night Wallpaper
rb_248
03-28 08:37 AM
I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.
more...
makeup ]wallpapers_Fate-Stay-
Rinsuper
01-18 03:44 PM
Hi, I am Rina, residing near LA, CA and working close with Niloufer in TX as volunteer. I cant attend meeting, but if you provide me list of ppl to contact on phone, i can inform them abt this meeting.
Let me know how to go about.
Let me know how to go about.
girlfriend Fate Stay Night Wallpaper
nk2
06-17 12:15 PM
There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.
hairstyles Fate Stay Night Wallpaper
bbabu
05-16 01:36 AM
Hi Guys..
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..
https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD
~BBabu
EB3June03
06-23 10:31 AM
Thanks for the reply arkanand,
I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).
They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.
I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).
Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.
I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).
They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.
I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).
Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.
hoolahoous
09-15 06:23 PM
How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
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