skillet
05-24 01:57 PM
05/23/2007: IMPORTANT CIR UPDATE MESSAGE
For the last two days, the Senate floor focused on the procedural motions as to whether the Senate should take up and continue S. 1348 Comprehensive Immigration Reform Act of 2007. People know that this is the bill which the Senate passed last year and was killed in the House. S. 1348 is this bill which was reintroduced by Senate Majority Leader Harry Reid. By agreeing to proceed and go into debate, the Senate floor at least overcame the opposition by a few anti-immigration Senators.
On May 21, 2007, the Senator Reid introduced, for himself, Senator Kennedy and Senator Specter, a motion to substitute the text of the S.1348 by the bi-partisan compromise which was produced by a bi-partisan group of Senators and White House during the weekend. Accordingly, there was no serious debate about the controversial issues in the compromise during last two days other than Senator Dorgan's motion to amend the Senator's Reid's amendment to substitute S. 1348 to kill temporary worker program. The floor rejected his motion and his motion was defeated yesterday.
The debates on controversial issues in the compromise bill are expected to be heated up from today after the Senate floor passes the Senator Reid's motion to substitute the S. 1348. A series of amendments to the substituted bill are expected to be introduced from today on. This means that those who oppose the controversial poisonous elements in the compromise bill must mobilize their forces to pressure the Senate to amend these poisonous proposals in the compromise. This is the most important time for people to arise and act!
It appears that the restrictionist Republicans opposed the CIR last year on the issues of relief of illegal immigrants including temporary guest worker program and legalization of 12 million illegal aliens in the country. Since then, as affected by the pressures from in and outside of the country, including the swift of position in the Christian forces, Hispanic forces, White House, and other forces, these core groups of restrictionist Republicans shifted their strategies in such a way that they give concession to the issues relating to the illegal aliens including guest worker program and legalization of illegal aliens, and instead focus on strategy to overhaul immigration system to achieve control and reduction of the number of immigrants allowed to come into this country and more importantly to control the types of immigrants allowed to immigrate to this country in terms of the ethnic and racial backgrounds, and immigrants from non-English speaking countries. Underlying the point systems, concept of control of chain of immigrants, and removal of certain family-based immigrant categories are the hidden agenda of the restrictivonist and right wing Republican forces to control immigrants and more importantly immigrants from certain part of the world. This hidden agenda is disguised in the name of the country's need for immigrants who can contribute to the nation's economy. The center of development of this concept and proposal was the Heritage Foundation, the think-tank of the conservative Republicans. This agenda has been pushed forward for the last few years through its arms in various communities, including some immigration groups. They penetrated into some immigrant groups, particularly employment-based immigrant groups, to divide the immigrant community and their supporters.
By now, people have learnt the hidden agenda of the conservative and restrictionist group, and the opposition to the poinonous agenda that are conceived in the compromise is growing fast. It is clear that the country and the immigrant community have to pass a comprehensive immigration reform legislation this year. The way to achieve this goal is to contact with the legislators en masse to remove the poinonous segments in the bill and the hidden agenda of the restrictionists and pass the bill. Accordingly, the amendment process is extremely important to achieve the overall goals of passing the CIR and passing the CIR without poisons. This is achievable since this is the Democrat Congress. This reporter assures the readers that should the Senate fail to pass such workable bill, there will be no, repeat no, CIR legislation enacted this year and in the next few years.
Please copy and send this message to any one or any organizations via email or web posting or fax as quickly as possible!
For the last two days, the Senate floor focused on the procedural motions as to whether the Senate should take up and continue S. 1348 Comprehensive Immigration Reform Act of 2007. People know that this is the bill which the Senate passed last year and was killed in the House. S. 1348 is this bill which was reintroduced by Senate Majority Leader Harry Reid. By agreeing to proceed and go into debate, the Senate floor at least overcame the opposition by a few anti-immigration Senators.
On May 21, 2007, the Senator Reid introduced, for himself, Senator Kennedy and Senator Specter, a motion to substitute the text of the S.1348 by the bi-partisan compromise which was produced by a bi-partisan group of Senators and White House during the weekend. Accordingly, there was no serious debate about the controversial issues in the compromise during last two days other than Senator Dorgan's motion to amend the Senator's Reid's amendment to substitute S. 1348 to kill temporary worker program. The floor rejected his motion and his motion was defeated yesterday.
The debates on controversial issues in the compromise bill are expected to be heated up from today after the Senate floor passes the Senator Reid's motion to substitute the S. 1348. A series of amendments to the substituted bill are expected to be introduced from today on. This means that those who oppose the controversial poisonous elements in the compromise bill must mobilize their forces to pressure the Senate to amend these poisonous proposals in the compromise. This is the most important time for people to arise and act!
It appears that the restrictionist Republicans opposed the CIR last year on the issues of relief of illegal immigrants including temporary guest worker program and legalization of 12 million illegal aliens in the country. Since then, as affected by the pressures from in and outside of the country, including the swift of position in the Christian forces, Hispanic forces, White House, and other forces, these core groups of restrictionist Republicans shifted their strategies in such a way that they give concession to the issues relating to the illegal aliens including guest worker program and legalization of illegal aliens, and instead focus on strategy to overhaul immigration system to achieve control and reduction of the number of immigrants allowed to come into this country and more importantly to control the types of immigrants allowed to immigrate to this country in terms of the ethnic and racial backgrounds, and immigrants from non-English speaking countries. Underlying the point systems, concept of control of chain of immigrants, and removal of certain family-based immigrant categories are the hidden agenda of the restrictivonist and right wing Republican forces to control immigrants and more importantly immigrants from certain part of the world. This hidden agenda is disguised in the name of the country's need for immigrants who can contribute to the nation's economy. The center of development of this concept and proposal was the Heritage Foundation, the think-tank of the conservative Republicans. This agenda has been pushed forward for the last few years through its arms in various communities, including some immigration groups. They penetrated into some immigrant groups, particularly employment-based immigrant groups, to divide the immigrant community and their supporters.
By now, people have learnt the hidden agenda of the conservative and restrictionist group, and the opposition to the poinonous agenda that are conceived in the compromise is growing fast. It is clear that the country and the immigrant community have to pass a comprehensive immigration reform legislation this year. The way to achieve this goal is to contact with the legislators en masse to remove the poinonous segments in the bill and the hidden agenda of the restrictionists and pass the bill. Accordingly, the amendment process is extremely important to achieve the overall goals of passing the CIR and passing the CIR without poisons. This is achievable since this is the Democrat Congress. This reporter assures the readers that should the Senate fail to pass such workable bill, there will be no, repeat no, CIR legislation enacted this year and in the next few years.
Please copy and send this message to any one or any organizations via email or web posting or fax as quickly as possible!
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kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
eagerr2i
09-08 01:38 PM
http://prweb.com/releases/2006/9/prweb435159.htm
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belmontboy
05-20 01:11 PM
If you win, her husband will be after you...:D
i don't think so.. he is one busy pilot :D
i don't think so.. he is one busy pilot :D
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CaliHoneB
01-12 05:14 PM
Thanks a bunch! I appreciate you replying to this. it certainly relieves some of my stress.
Cheers
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.
Cheers
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.
ivuser
02-20 12:08 PM
1.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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dreamworld
12-18 05:21 PM
:confused:
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
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theconfused
04-02 06:39 AM
1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
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dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
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wandmaker
11-27 07:17 PM
how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
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GCnightmare
08-28 08:58 AM
thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.
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glus
01-30 09:10 AM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
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rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
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EB3_SEP04
01-29 03:43 PM
USCIS might be processing the applications in the order of recipt date
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
That's my guess, I have not seen their SOP (std operating procedure).
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
That's my guess, I have not seen their SOP (std operating procedure).
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santosh_3000
07-18 12:11 PM
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
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guitarbam
01-24 10:40 AM
just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
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radhagd
02-22 09:54 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.
Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.
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.
Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.
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samrat_bhargava_vihari
02-12 09:59 AM
Oh NO, if this happens then it will close the last door on many people.
yeap and may move EB2 dates??
yeap and may move EB2 dates??
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Gator
04-14 01:12 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
bang
11-18 01:16 AM
Do we need to go back and renew again after obtaining the new EAD ?
Yep - got mine 2 months back. Docs to carry
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
Yep - got mine 2 months back. Docs to carry
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
ashishgour
04-30 04:09 PM
Not yet..he has been questioned abt illegals..but is also talking about highly skilled immigrants...
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