anilsal
07-20 11:06 PM
E-Filed: May 30th, 2008
FP: June 26th, 2008
Card Production: July 23, 2008
Card Mailed: July 25, 2008
Card Received: July 28, 2008
2 year EAD. Starts day of approval. Loss of 2 months.
FP: June 26th, 2008
Card Production: July 23, 2008
Card Mailed: July 25, 2008
Card Received: July 28, 2008
2 year EAD. Starts day of approval. Loss of 2 months.
wallpaper Is a German Shorthaired
indyanguy
12-19 12:10 PM
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
I thought so. Life's never simple with USCIS in it :) If at that time my spouse (my beneficiary) has not used EAD and is still on a non immigrant visa (H1 or L1), can I switch to dependent status?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
I thought so. Life's never simple with USCIS in it :) If at that time my spouse (my beneficiary) has not used EAD and is still on a non immigrant visa (H1 or L1), can I switch to dependent status?
aroranuj
04-19 12:36 PM
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
2011 German-Shorthaired-Pointer.
gimme_GC2006
08-21 11:14 AM
Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.
Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.
I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?
Also, please post attorney's details also whenever you think its time to disclose
:cool:
Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.
I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?
Also, please post attorney's details also whenever you think its time to disclose
:cool:
more...
cliffmacnab
12-03 04:13 PM
FBI Name Checks Latest
Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:
Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.
Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:
Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.
Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
pasupuleti
02-26 09:19 PM
We distributed 900 flyers in livermore temple on 02/25/2005. Response is good. We need more volunteers for meeting lawmakers & other efforts, please come forward to help us.
more...
peace&joy
08-06 01:34 PM
My priority date: June 2004, in NSC
2010 german shorthaired pointer
eb3stuck
11-09 02:37 PM
Still waiting for FP ,called USCIS Customer service on Nov 06th,2007,rep advised to call after 30 days to file SR.
She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
__________________
* EB3 - PD April 2002
* I-140 Approved -Jan 2006
* I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
*ND -Aug 30th,2007
*EAD received - Sept 10th,2007
Contributed $200 so far
She mentioned delay is because my application was sent to Nebraska as it should have been,Nebraska transferrd to California ,California did my ecept and EAD and sent back to Nebraska for further action....don't know when.
I know people filing later than me and PD in 2006-2007 got their FP notices and FP done...
__________________
* EB3 - PD April 2002
* I-140 Approved -Jan 2006
* I-485, EAD - USCIS Received July 02nd,2007 @10:30 am
*ND -Aug 30th,2007
*EAD received - Sept 10th,2007
Contributed $200 so far
more...
jjjun
12-12 12:39 PM
Bad news again.
hair German Shorthaired Pointers
Libra
09-08 09:50 PM
please attend rally in DC
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
more...
santiwar
12-13 06:58 PM
Being an eternal optimist, I am still hanging in there with a hope that things will change after the next Presidential elections.
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
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ramus
06-26 09:03 PM
Yes lets corporate... Let me file first and then you can file it next... Do you think this will work? I really don't understand why everybody is coming with new thred and new idea about filing...Why can't we spend little time on what core member asks us to do.
Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
Member even don't feel like contributing just $50.. You think they will buy this idea.. I don't mean to hurt you but we should do at least something before we expect others to do something.
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimise the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
more...
house German Shorthair Pointer
yadav
11-07 01:43 PM
For me, my AP was approved (along with my wife and daughter) on Oct 1st 2006. My Notice date is Sept 10th. The LUD on AP was 10/04, which said that the approval was "mailed" on 10/02. Hwoever I recd it on 10/20 and I could see that it was mailed on 10/19 from USCIS office. So, atleast for APs, even the status shows that it's been approved and mailed as well, it seems that it's not the case. It's been taking couple of weeks to get them in hand. Hopefully this info helps some people who are still waiting for APs.
I also took an Infopass appt, as we didn't recv FP notices yet. I opened a SR, but nothing so far. It looks that I may not get before I go to infopass next week.
Whcih center you filled your application texas or somewhere else
I also took an Infopass appt, as we didn't recv FP notices yet. I opened a SR, but nothing so far. It looks that I may not get before I go to infopass next week.
Whcih center you filled your application texas or somewhere else
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shiankuraaf
11-25 12:50 PM
Great Job..... I am eagerly looking for the release of the BL report.
more...
pictures German Shorthaired Pointer
pointlesswait
02-12 09:31 AM
i know a friend whose wife was in the same boat..
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
dresses German Shorthaired Pointer
naushit
12-12 04:23 PM
I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.
I hope I am wrong. please confirm!
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.
I hope I am wrong. please confirm!
more...
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LC2002
09-21 04:20 PM
That I heard too!! GCs were distributed at Monument but I was late as I could only join at Captol Hill :p so got only FP notice.
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
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mallu
11-30 05:57 PM
I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
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pasupuleti
04-02 11:53 AM
sent both faxes
pappu
11-16 06:09 PM
Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
jsb
12-18 04:20 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
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