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.
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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stemcell
02-26 01:21 PM
Guys, Sorry for my ignorance but
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.
Please consult your lawyer and he should direct you as to what to do next.......
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
It is ONE of the steps to clear on the road to legal immigration.
Please consult your lawyer and he should direct you as to what to do next.......
FinalGC
03-30 10:44 AM
Yes, their AOS is applied......
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GCard_Dream
11-30 09:39 PM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
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ohguy
02-12 10:42 PM
No I did not receive any RFE earlier to this. It was in that Initial Review status all the time.
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va_dude
05-15 04:06 PM
get an Infopass and see what's happening.
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uslegals
11-11 01:45 PM
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
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sammyb
10-12 04:58 PM
^^^^^^^^^^^^
guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:
guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:
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rocky123
05-01 09:31 PM
I complete 6 yrs on H1-B in August, 2007
Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.
Have a good job offer from company B, but seek your clarifications before I move further.
a. If I move now, can I take my 3 yr extension filed by company A with me or
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
Kindly help me out.
I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.
Thanks
Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.
Have a good job offer from company B, but seek your clarifications before I move further.
a. If I move now, can I take my 3 yr extension filed by company A with me or
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
Kindly help me out.
I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.
Thanks
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Pegasus503
12-18 05:02 PM
I'd like to share an experience, because it made me laugh.
I got a notice to appear at Superior Court in January to perform Jury Service.
Amazing....
__________________
PD - 25 Nov 2002 SWA - California RIR EB3
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006
waiting for EB3 visas to move beyond Aug 02 so I can file i-485
I got a notice to appear at Superior Court in January to perform Jury Service.
Amazing....
__________________
PD - 25 Nov 2002 SWA - California RIR EB3
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006
waiting for EB3 visas to move beyond Aug 02 so I can file i-485
more...
kaisersose
05-29 11:17 AM
Gurus,
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
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Aah_GC
06-19 07:42 AM
Are you talking about I485? This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. I think there is an email address that folks here can share with you.
Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
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vandanaverdia
09-16 12:20 AM
bump
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MTsoul
07-21 10:55 PM
Microsoft had better bundle the Silverlight plugin with Windows 7. And it had better be available on bloody Opera. Great platform as I see it, terrible penetration right now.
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gc_on_demand
07-14 10:47 AM
I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?
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cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
more...
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sr123
12-18 05:06 PM
I have got Jury summons many times. I just told them I am not eligible. Please note that you need to respond to the summon in time otherwise the court might inititiate action against you. The notice I got listed a few possible reasons why you cannot perform jury duty and not being a citizen was one of them. I selected it and enclosed a copy of my passport to indicate that I am not a US citizen.
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chakdepatte
11-11 09:29 AM
go to uscis.gov and sign up for e-filing. fill in the I-131 form for urself and wife et al. u will seriously save a ton of money that can be done in 15 minutes and follow uscis instructions only.
did that 3 months ago. got an RFE about photographs not being compliant with us passport requirements. sending response as I type.
all the best
-chakdepatte
did that 3 months ago. got an RFE about photographs not being compliant with us passport requirements. sending response as I type.
all the best
-chakdepatte
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redgreen
11-12 11:09 AM
This is simply called pure selfishness.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
kondur_007
09-22 05:13 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
dba9ioracle
09-22 12:37 PM
If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..
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