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  • austingc
    08-17 02:32 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 experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..

    Regds,
    Raju
    Raju,

    This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.





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  • dontcareaboutGC
    03-25 01:53 PM
    If you have all the PERM case numbers with you then you should be able to find your PD in this link

    http://www.flcdatacenter.com/CasePerm.aspx and





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  • crsna
    12-21 09:26 AM
    Hello, I live in Indianapolis and i would like to be a part of the Indiana Group. Please count me in whenever you are meeting





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  • venky08
    09-25 09:50 AM
    this is a good find! they need to have 3 year extensions on EAD

    They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.



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  • seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....





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  • chanduv23
    10-24 01:56 PM
    Ramba,
    Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.

    I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.

    Thanks guys!

    -samcam

    RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case



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  • go_gc_way
    09-10 07:51 AM
    Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.

    Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.

    Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.

    Great job.





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  • dpp
    01-23 11:59 AM
    I also got the similar letter from Indiana Senator.



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  • kirupa
    01-17 09:22 PM
    Added!





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  • jkays94
    03-31 02:13 AM
    He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...

    In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.

    Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.

    Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.

    And this just yesterday :

    ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home

    ***
    At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.

    ***
    Monday, October 31, 2005 Page A1 GLOBE AND MAIL

    Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.

    "We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."



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  • rangaswamy
    02-12 04:13 PM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
    Texas is much faster.





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  • Karthikthiru
    04-13 01:32 PM
    it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern



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  • GCnightmare
    08-28 05:33 AM
    I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks





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  • pa_arora
    12-03 05:45 PM
    Don't get excited too soon :)

    I saw the following message when I logged into the USCIS case tracking system.


    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.



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  • Sreenuuk
    08-07 09:30 AM
    Admins Please delete the thread.





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  • pady
    06-18 03:38 PM
    someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

    Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant



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  • colors
    09-05 11:42 AM
    Kumar,

    It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.

    Hope that helps





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  • bluekayal
    10-21 10:02 PM
    ^^^bump ^^^^bump





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  • keaby
    06-18 05:36 PM
    If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.

    If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..

    In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client





    martinvisalaw
    01-11 02:31 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.





    gchopeful
    07-17 07:03 PM
    After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.

    So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.


    I'm sorry, I think I misspoke.

    From the USCIS memo posted on AILA's website (ref: http://www.aila.org/content/default.aspx?docid=22912):

    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
    apply to all other applications filed on or after July 30, 2007).

    So I guess, the old fee will still apply even after July 30th for 485 filings.. and I guess no free EAD benefits will apply either. Sorry if I caused any confusion.



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