InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
wallpaper eminem quotes. eminem quotes
ca_immigrant
01-16 07:57 PM
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
ssd213
02-25 04:53 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
2011 eminem quotes. eminem quotes
heathere3
11-12 09:48 AM
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.
more...
smartboy75
11-05 01:35 PM
hey gcseeked2002...
There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....
There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....
punjabi
07-18 10:50 AM
Hi,
Even my co-workers (including me) have not received their returned applications. I have a question here:
The Cover letter of my 485 petition was signed by MY EMPLOYER on the company's letterhead. Just in case, just in case, INS decides to return that application - will it be sent to my employer's address or to my residential address??
There was no attorney involved and it was not a concurrent filing with I-140.
Appreciate your reply.
Punjabi
Even my co-workers (including me) have not received their returned applications. I have a question here:
The Cover letter of my 485 petition was signed by MY EMPLOYER on the company's letterhead. Just in case, just in case, INS decides to return that application - will it be sent to my employer's address or to my residential address??
There was no attorney involved and it was not a concurrent filing with I-140.
Appreciate your reply.
Punjabi
more...
s_r_e_e
09-28 10:54 AM
Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.
if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)
After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�
Thanks in advance,
Ashok...
if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)
After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�
Thanks in advance,
Ashok...
2010 eminem quotes pictures. eminem quotes from lyrics; eminem quotes from lyrics
Pallavi79
01-29 10:41 AM
what is bc & nabc?? :(
more...
immigrant2007
09-26 12:46 AM
time to sart a campaign.....hey I am legal, I applied for GC in 2001 and govt will give it to me after it has given to all 245i, and everyone and that happens to be in 2012, so how abt guys in 2002,2003,2004?
When it was time to give GC govt wasted all our numbers now they dont want to give us.
BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?
When it was time to give GC govt wasted all our numbers now they dont want to give us.
BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?
hair eminem quotes pictures. eminem quotes from lyrics.
hibworker
03-21 11:29 AM
First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
more...
georchen
08-02 07:08 AM
Hello Core Members ,
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
make sure that uscis does not play a tric to us after aug 17th.
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
make sure that uscis does not play a tric to us after aug 17th.
hot eminem quotes. eminem quotes pictures. eminem quotes about life. eminem
ronhira
02-08 08:04 PM
what line?????? this is a standard bullshit line the disingenuous & dishonest leadership of aila has used time and time again..... this is what they say ..... everytime things appear to stall in the congress .... these con artist start saying that ...... highly skilled employment based green cards are suffering..... america is suffering & losing..... so pass the bill for the UNDOCUMENTED...... otherwise innovation will suffer..... it doesn't even make sense .... its total bullshit...... the job of lawyers is to lie..... but did someone say that joseph goebbels is now in the leadership of aila...... because this sounds to more like someone saying ...... if you tell a lie big enough and keep repeating it, people will eventually come to believe it
aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......
aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......
more...
house eminem quotes from lyrics.
hpandey
03-17 02:44 PM
I was informed that without I-94 card she cannot be added to my insrurance.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.
tattoo eminem quotes. eminem quotes
msyedy
12-13 12:03 PM
What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
more...
pictures eminem quotes about haters. eminem quotes pictures. eminem quotes wallpaper;
vinabath
07-02 03:10 PM
USCIS made my lazy paralegal work overtime for 2 weeks.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
dresses eminem quotes about haters. eminem quotes pictures. eminem
chantu
02-28 08:40 PM
Hi,
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
more...
makeup eminem quote. eminem quotes
JK747
03-05 11:20 AM
My wife had Henna on her hand when she went for her FP. The officer asked her did not take her finger prints and asked her to send that letter to their office by mail for re-scheduling the appointment. She sent the letter and got another appointment within 40 days. No problems in the second appearance.
girlfriend eminem quotes from recovery. of Eminem and/or Hip-Hop.
reddy_h
02-24 09:07 PM
Sachin is the best!
hairstyles eminem quotes pictures. eminem quotes from recovery. Eminem#39;s Recovery;
glus
01-24 01:29 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
RNGC
07-07 11:37 AM
^
eager_immi
08-09 11:47 AM
I think it is useful to state search the forum so that people stop asking questions which really irritates other people since it has been discusses in detail in several threads. Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
No comments:
Post a Comment