Green.Tech
08-03 05:11 PM
AFAIK, one can amend the EB-3 485 petition and inform USCIS to use the new EB-2 labor and 140 for the same 485 application from before. I don't think that a new 485 needs to be filed in this case. I may be wrong though.
Anyone has any legal insights into this?
Anyone has any legal insights into this?
nviren
02-24 01:51 PM
Hi,
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
mirage
01-28 08:58 PM
I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?
hopefulgc
08-12 11:14 PM
Reminds me of a scene from an indian movie..
Few guys were dancing by the side of the road ... going "nacho ... danak tanak.tanak. ae.. nacho!!".. .. just dancing merrily..
munnabhai and circuit join them and start dancing..
soon munnabhai and circuit ask these guys why they were dancing.
They go "no reason .. just dancing "
In turn, these guys ask why were munnabhai and circuit dancing...
Circuit goes ."we were dancing coz you were dancing.."
then all of them again go "nacho .. .danak tanak tanak... nacho!!"
hurrah!....
..
...
...
wait a min..success of what??
Few guys were dancing by the side of the road ... going "nacho ... danak tanak.tanak. ae.. nacho!!".. .. just dancing merrily..
munnabhai and circuit join them and start dancing..
soon munnabhai and circuit ask these guys why they were dancing.
They go "no reason .. just dancing "
In turn, these guys ask why were munnabhai and circuit dancing...
Circuit goes ."we were dancing coz you were dancing.."
then all of them again go "nacho .. .danak tanak tanak... nacho!!"
hurrah!....
..
...
...
wait a min..success of what??
more...
sc09876
08-17 03:17 PM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years
You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category
That you dont specify what kind of 3 year degree you got is another matter.
You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.
go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years
You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category
That you dont specify what kind of 3 year degree you got is another matter.
You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.
go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.
mp70
07-19 08:15 AM
It is good to carry all possible documents. However for extensions they just check the I-797 along with the DS-156 and 157. They did not ask any other document. Hope this helped. Regards - MP70.
more...
bluekayal
09-08 01:19 AM
approving 2 I-140s , one based on Schedule A priority date - 2006-- and then another one using the prior labor date 2004. And then when it comes to adjudication, refusing to accept the 2004 priority date.
sledge_hammer
04-05 07:42 PM
Does anyone have recommendation for a tax consultant in northern VA?
more...
uslegals
11-11 10:32 AM
thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?
Almond
07-18 09:00 AM
My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!
more...
GreenMe
12-03 11:25 AM
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
lazycis
12-03 01:02 PM
No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.
Correct, with a few exceptions:
1) I-140 can be automatically revoked if the petitioning employer goes out of business.
2) I-140 can be withdrawn by the petitioning employer.
If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.
Correct, with a few exceptions:
1) I-140 can be automatically revoked if the petitioning employer goes out of business.
2) I-140 can be withdrawn by the petitioning employer.
If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.
more...
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ramus
05-31 05:05 PM
Hey welcome to IV...
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
bluez25
08-23 01:38 PM
Guys.. please look at this story. this guy's case was assigned to an officer who was no more with USCIS and got stuck for almost more than years......
http://www.immigrationportal.com/showthread.php?t=261980
Finally got his case approved after several calls to USCIS...
Please stay on top of you case and make sure it is not put in a dead box like that....
Good Luck guys
http://www.immigrationportal.com/showthread.php?t=261980
Finally got his case approved after several calls to USCIS...
Please stay on top of you case and make sure it is not put in a dead box like that....
Good Luck guys
more...
hpandey
03-12 10:18 AM
Interesting. I never received the 1099-INT. Will talk to my bank.
You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.
You would receive the 1099-INT form only if your interest income is above 10 $ . If it is less than that you won't get it . That's why probably you did not receive it if you had negligible interest.
jthomas
07-05 05:52 PM
Most of the active members would have done their calls to lawmakers and the list of provided. What's next. Can somebody keep it moving.
more...
rajeshalex
11-18 07:07 PM
you can check with info@alexys.us... They can help you to get the appointment.
My H1b I did through them..
Rajesh
My H1b I did through them..
Rajesh
Pandi
03-28 02:21 PM
Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.
indio0617
01-12 02:31 PM
I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
sobers
06-05 04:38 PM
good job IV!
pappu
05-27 09:41 AM
Please do not put fake data in your profile.
Please input real data if you would like others to respond to you and spend time on your post. If you have not started your greencard process, please keep all fields empty.
Thank you
Please input real data if you would like others to respond to you and spend time on your post. If you have not started your greencard process, please keep all fields empty.
Thank you