$eeGrEeN
05-31 11:50 AM
EVERYBODY PLS PLS CONTRIBUTE....
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kondur_007
03-20 12:33 PM
I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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desireuben
09-19 12:53 PM
really sorry for your experience. I hope everything will come out ok and you will get your passport back with visa stamp.
I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
is it your first time H1 stamping ?
I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
is it your first time H1 stamping ?
more...
mrdelhiite
07-24 03:55 PM
Thanks for your replies.
His company is paying for it. It is a F500 company. He was concerned that filing green card now might jeopardize his current full time position in case of too many replies and RFE's.
-M
His company is paying for it. It is a F500 company. He was concerned that filing green card now might jeopardize his current full time position in case of too many replies and RFE's.
-M
gcformeornot
12-31 07:36 PM
for wife and daughter. daughter is just 5 years old. Is it common?
My notices are still missing.......
My notices are still missing.......
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JunRN
11-05 08:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
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ivjobs
11-09 08:33 PM
^^
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Abhinaym
05-14 09:28 AM
My H1 sponsor informed me that the check he submitted along with my application on Wednesday 5/7 - Non-masters non-premium processing:)
Even my friend's application check seems to have been deposited by USCIS, does that mean that the case is selected in the lottery? (Or is there any other scenario?).
Thanks in advance to anyone who can throw some light on this.
Update:
I just verified that there is a receipt number on the back of the check, so that's the EAC/WAC number!
Even my friend's application check seems to have been deposited by USCIS, does that mean that the case is selected in the lottery? (Or is there any other scenario?).
Thanks in advance to anyone who can throw some light on this.
Update:
I just verified that there is a receipt number on the back of the check, so that's the EAC/WAC number!
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digitalborealis
01-10 06:24 AM
Research statement? Have never heard about that one! Are you a postdoctoral research fellow?
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
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karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
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sku
09-14 02:43 PM
In spite of opening SR (Service Request) and Info Pass appointment
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nutakksa
08-28 02:11 PM
See my signature below. Waiting for FP notices from TSC. spoke to my attorney. They mentioned that they are getting FP notices slowly from TSC.
---------
TSC/EB2/PD March 2003
485 RD June 18 / ND July 17
FP notice - ??????
AP- Approved on 8/22 for self and family - yet to receive app notices
EAD - Approved on 8/27 for self and family - Yet to receive App notices.
---------
TSC/EB2/PD March 2003
485 RD June 18 / ND July 17
FP notice - ??????
AP- Approved on 8/22 for self and family - yet to receive app notices
EAD - Approved on 8/27 for self and family - Yet to receive App notices.
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redelite
08-27 10:48 AM
Here's my go at it...
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687
Btw, that Sonic is awesome! :thumb2:
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687
Btw, that Sonic is awesome! :thumb2:
more...
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apb
09-14 03:10 PM
Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.
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yabayaba
10-11 10:35 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
more...
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Sakthisagar
04-30 10:01 AM
Even if CIR fails it is good for Legal immigrants. let amnesty fail but the amendment for Visa recapture wil be passed. Let the CIR come to the floor call all senators and congressmen, tell your story participate with IV
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ruby
08-17 06:11 PM
In July as all the PD were current layers said that if they try to port the PD from EB ( which was Sep 2003) to EB2 ( with PD Oct 2004) USCIS will reject the case with reasoning that every thing is current so there is no need for PD porting.
Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused:
Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused:
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austingc
08-18 02:31 PM
What do you guys think about Jadoo TV? I heard that it's good and no monthly fees.
Is anyone using it?
Is anyone using it?
looneytunezez
08-19 08:04 PM
i would recommend renewing your passport here in the US before travelling as they recommend over 6 month validity.
Usually takes 2-3 weeks, but you might be able to emergency rush processing as you are already travelling.
when you get ur new passport, it will say that your h1b stamping is still valid, so you can present both passports on POE.
hth,
LT
Usually takes 2-3 weeks, but you might be able to emergency rush processing as you are already travelling.
when you get ur new passport, it will say that your h1b stamping is still valid, so you can present both passports on POE.
hth,
LT
MA001
10-30 01:31 PM
See this link, give your comments ( I suggest to be brief & to the point).
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
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