jcrajput
10-25 08:08 AM
I have one question: My I-485 applcation (employment based) was rejected due to I-130 attachment in error.
If USCIS reject my entire package of I-485 because I have attached I-130 application. What are my options? Is there any law that USCIS can only reject I-130 and accept I-485 appplications (myself and for my wife)? I have seperate fee checks for all the applications.
Please help me....
If USCIS reject my entire package of I-485 because I have attached I-130 application. What are my options? Is there any law that USCIS can only reject I-130 and accept I-485 appplications (myself and for my wife)? I have seperate fee checks for all the applications.
Please help me....
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r2i2009
05-04 01:05 PM
Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....
So...we are all still learning.....
----
Agreed it's frustrating to go thru a roller-coaster ride as far as GC is concerned. I believe members of IV are leaving no stone unturned to tide over the GC hurdles by speaking in one voice and acting in unison.
Literally, we must have the 'staying power' to do this. If people wanna go back to their home country, it's their personal decision. Impatience and frustration should not be the driving factor for people to return to their home country.
So...we are all still learning.....
----
Agreed it's frustrating to go thru a roller-coaster ride as far as GC is concerned. I believe members of IV are leaving no stone unturned to tide over the GC hurdles by speaking in one voice and acting in unison.
Literally, we must have the 'staying power' to do this. If people wanna go back to their home country, it's their personal decision. Impatience and frustration should not be the driving factor for people to return to their home country.
hebron
04-22 07:39 AM
I also got a RFE from nabreska , but finally got approved.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
That's encouraging! I have lot more hurdles than the Bsc + MCA issue. My employer had filed my GC in EB3 and is now willing to refile under EB2, since I was promoted to a senior role. The company attorney though is hesitating to file under EB2, his reasons are as follows:
1. 3 + 3 degree will not be approved under EB2. ( This is in response to my question about using my Bsc + MCA. My current role requires Master's degree or Bachelor's + exp. I do not want to use the experience (9 years) gained from my current employer. So I suggested we could use my master's degree + 4+ years of experience that I have before joining my current employer. )
2. Attorney thinks Software Engineer role (EB3) and Principal Software Engineer role (EB2) are not 50% different. I agree that it is not 50% different. But my question to him was - "Does it (new role) have to be 50% different even if I don;t use the experience gained from the current employer". Haven't heard back from him yet.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
That's encouraging! I have lot more hurdles than the Bsc + MCA issue. My employer had filed my GC in EB3 and is now willing to refile under EB2, since I was promoted to a senior role. The company attorney though is hesitating to file under EB2, his reasons are as follows:
1. 3 + 3 degree will not be approved under EB2. ( This is in response to my question about using my Bsc + MCA. My current role requires Master's degree or Bachelor's + exp. I do not want to use the experience (9 years) gained from my current employer. So I suggested we could use my master's degree + 4+ years of experience that I have before joining my current employer. )
2. Attorney thinks Software Engineer role (EB3) and Principal Software Engineer role (EB2) are not 50% different. I agree that it is not 50% different. But my question to him was - "Does it (new role) have to be 50% different even if I don;t use the experience gained from the current employer". Haven't heard back from him yet.
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sanju
02-23 04:39 PM
I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion. I wish all countries take inspiration from it.
I share your enthusiasm, for now. But it is not always like this, and will not be like this. So lets cherish these times. Great talent and greatness has been rewarded with obscurity, more often than not.
Here is an example - Do you know who invented AC current, electric motor, laser, x-ray, radio technology, wireless technology, cellular technology, neon, remote control just to name a few. There is not a minute that goes by in the life of modern humans when we don't use inventions of this great man, but over 99% of all people don't know his name. Everyone will call Einstein a great scientist. But this is the greatest, and how come so less people know about him?
Reason, he was not American, British nor a Jew. So history rewarded the greatest scientist with obscurity. And most of us don't know about him.
The point is, great talent is not always rewarded as it should be. We think that we are talented and that's why we are on "special" visa. The fact is, we have chosen to be part of the system, that makes a rich guy richer. As long as you are in the business of making a rich guy richer, or as long as you are part of the system that makes more money for some hotshot powerful banker, we can all continue to live in this fool's paradise claiming that any new talent is always honored in this GREAT country.
.
I share your enthusiasm, for now. But it is not always like this, and will not be like this. So lets cherish these times. Great talent and greatness has been rewarded with obscurity, more often than not.
Here is an example - Do you know who invented AC current, electric motor, laser, x-ray, radio technology, wireless technology, cellular technology, neon, remote control just to name a few. There is not a minute that goes by in the life of modern humans when we don't use inventions of this great man, but over 99% of all people don't know his name. Everyone will call Einstein a great scientist. But this is the greatest, and how come so less people know about him?
Reason, he was not American, British nor a Jew. So history rewarded the greatest scientist with obscurity. And most of us don't know about him.
The point is, great talent is not always rewarded as it should be. We think that we are talented and that's why we are on "special" visa. The fact is, we have chosen to be part of the system, that makes a rich guy richer. As long as you are in the business of making a rich guy richer, or as long as you are part of the system that makes more money for some hotshot powerful banker, we can all continue to live in this fool's paradise claiming that any new talent is always honored in this GREAT country.
.
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dummgelauft
06-30 10:42 AM
To put out a fire and to prevent it from happening again you need two things:
(1) Take the fuel away
(2) Take the Oxygen away
(3) Make sure you don't have any sparks flying around.
Immigration reform, whether for legals or illegals, needs massive support from the American people. Most of the people are in no mood to support a "reform" unless the president can stem the flow at the border.
To able to get any kind of immigration relief legislaton through, the president needs to work hard and quick at sealing the border shut. Time and again "the other side" has laid this as a pre-requisite to any immigration related dialogue.
I don't know why this is so hard to do. The border is there for a reason and it is the Federal government's responsibility to maintian its integrity, whatever it takes, National Guard, drones, US Army..whatever.
That being said, don't read too much into this "Thursday speech by the president". It is lip service, or as go_guy pointed out...political posturing.
P.S: Admin, deleting my posts will NOT get you your green card sooner.
(1) Take the fuel away
(2) Take the Oxygen away
(3) Make sure you don't have any sparks flying around.
Immigration reform, whether for legals or illegals, needs massive support from the American people. Most of the people are in no mood to support a "reform" unless the president can stem the flow at the border.
To able to get any kind of immigration relief legislaton through, the president needs to work hard and quick at sealing the border shut. Time and again "the other side" has laid this as a pre-requisite to any immigration related dialogue.
I don't know why this is so hard to do. The border is there for a reason and it is the Federal government's responsibility to maintian its integrity, whatever it takes, National Guard, drones, US Army..whatever.
That being said, don't read too much into this "Thursday speech by the president". It is lip service, or as go_guy pointed out...political posturing.
P.S: Admin, deleting my posts will NOT get you your green card sooner.
garybanz
12-06 09:54 AM
I have not tried it myself, but a couple members did and it worked. I also know about folks receiving EADs after filing lawsuits. There is still rule of the law in this country. Try follow my instructions and see the results.
I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
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Student with no hopes
02-02 09:18 AM
Is it not possible to make the copy of the application when you have to sign it? Will the alien # not be there on the application?
Forgive me for my ignorance..
Forgive me for my ignorance..
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gc_kaavaali
08-03 03:38 PM
Hi frostrated,
do you have any source/link to prove your point? Just asking.
Thank you
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
do you have any source/link to prove your point? Just asking.
Thank you
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
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ivslave
09-11 10:05 PM
you guys/girls are so prime and prude..... I got so many RED dots for posting simple poll.... What's wrong in my poll?
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aadimanav
08-27 04:01 PM
A small BUMP for BIG expectation. :)
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ItIsNotFunny
01-15 03:00 PM
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
whome do you want to kill buddy?
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
whome do you want to kill buddy?
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styrum
02-09 02:24 PM
I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
where can i find more info about the appeal process?? any links to go to??
Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
The appeal process is described in PERM regulations:
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf
4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
where can i find more info about the appeal process?? any links to go to??
Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
The appeal process is described in PERM regulations:
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf
4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
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BharatPremi
07-06 01:04 PM
In its note http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf, the USCIS clearly says it would reject applications starting 7/2. So, how can it accept July applications--especially when many of them haven't been sent yet?
He wrote "If we win lawsuite..."
He wrote "If we win lawsuite..."
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reddymjm
06-12 05:43 PM
There is no case if your wife says you did not hit her. Didn't find a desi attorney in CA.
You said you are standing trial. At the trial if your wifes says you did not hit her or hurt her. What is the jury going to discus on. I think there is some thing missing here. They just do not want to waste time of the jurors on a simple thing. Your wife can meet the DA in person and request for dismissal.
PM me if you need any more info...
You said you are standing trial. At the trial if your wifes says you did not hit her or hurt her. What is the jury going to discus on. I think there is some thing missing here. They just do not want to waste time of the jurors on a simple thing. Your wife can meet the DA in person and request for dismissal.
PM me if you need any more info...
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kopguy
03-04 01:13 PM
NK2006 thanks for the post my family and I recently entered US using AP and fortunately we were not questioned at POE. I am in similar situation waiting for 485 and filed AC21 when I changed jobs after six months.
That is not to say that we will not have problem in future. You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
Thanks for taking this up IV.
That is not to say that we will not have problem in future. You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
Thanks for taking this up IV.
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gc_eb2_waiter
07-09 01:57 PM
Will reach Emilo's office by tomorrow(Jul 10th).
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la6470
03-10 09:31 AM
Because I guess most of us dont mind going back to our native country anymore..either we are too old now or US is doing far worse than ever before and our native countries are doing far better.....
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singhsa3
10-02 03:26 PM
I will try..
^^^^^^^^^^^
^^^^^^^^^^^
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mihird
09-15 12:11 PM
Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.
For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.
Again, its all about planning...
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.
For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.
Again, its all about planning...
amitjoey
07-10 11:45 AM
The flower campaign is working, read english_august's post.
Hundreds of flowers have been delivered.
Hundreds of flowers have been delivered.
msp1976
05-11 03:12 PM
My understanding :
The current versiion of the bill says thus :
All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...
The current versiion of the bill says thus :
All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...
