sonia_sd
09-14 02:34 PM
The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
waitforgc1
04-23 01:25 PM
so if we change the address online.. do we need to verify the address by taking infopass
appointment ??
appointment ??
kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
ken
04-10 01:57 PM
Then its possible.. depending from where GC was filed...
Call them and lets us know what you find out...
No my employer is not florida based
Call them and lets us know what you find out...
No my employer is not florida based
more...
veni001
06-22 02:44 PM
Make sure your LCA and H1B will be amended with the promotion first....
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
sk.aggarwal
05-23 11:09 AM
Yes, but if I were you, I would definately check with my attorney.
more...
indyanguy
01-29 07:53 AM
Yes, the employer does have several EB2 positions. I am not sure which one to apply for given my EB3 with the same employer and other factors mentioned earlier
Any answers on my individual questions are really appreciated. Thanks in advance.
Any answers on my individual questions are really appreciated. Thanks in advance.
arunsush
07-24 04:14 PM
My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
Your attorney is correct. Make sure your approved labor is not more than 180 days old. Starting 16th July the validity of labor expires beyond 180 days.
more...
newuser
03-13 01:57 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
pointlesswait
09-17 11:49 AM
if you can find such a company...nothing like it!
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
more...
salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
radhay
11-04 12:38 PM
More than likely you will be called for interview in 2 months. That is what happend in my case. However since there are no visas when they completed my interview my application was put on hold.
more...
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for_gc
09-21 11:52 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
They are already taking too much money out of us ...
njdude26
04-07 04:43 PM
Thanks. This sure is helpful. btw i have a Canadian PR card. one less headache in step 3 :) But of course I love it here so im stuck here doing all kinds of circus for 8 years to continue staying.
new H1 and H1 visa renewal are done in all US embassies in Canada.
1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
2. Dates are not available, but are released around 20th in bult; also, check out each hour.
3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
4. Go for visa interview.
I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.
new H1 and H1 visa renewal are done in all US embassies in Canada.
1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
2. Dates are not available, but are released around 20th in bult; also, check out each hour.
3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
4. Go for visa interview.
I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.
more...
piyu7444
02-24 03:16 AM
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.
Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.
There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.
------------I am not a lawyer so this is per my limited knowledge -------------------
pal351
05-27 04:35 PM
I called and my employer called them. they said case is ending no further info. is available.
thanks for replys.
thanks for replys.
more...
aruny5
10-26 05:05 PM
My wife called Air France and France's Atlanta consulate. She will be requiring Airport Transit Visa B.
She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.
Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).
I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.
These three airlines don't need desi's business.:mad:
She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.
Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).
I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.
These three airlines don't need desi's business.:mad:
sunny1000
09-27 04:01 PM
I believe, USCIS website was updated on Sep 21st 2009.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
Update your profile first. Your priority date is nowhere near the approval timeframe. If by chance, you do get it, you can file for a "follow to join" procedure.
wait_2010
07-29 12:02 PM
Can any body in the forum please confirm that it is possble to get a F1 in a part-time program. I plan to soon start a masters part-time program with an accredited university.
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated
Sakthisagar
11-09 01:49 PM
Manipulation of social consciousness through mass mediaBy Saida Arifkhanova
Online Journal Guest Writer
Oct 22, 2010, 00:20
Email this article
Printer friendly page
Information is an important part of modern human life. Information is becoming a more significant element of modern life along with education and the way people interact with information today to a greater extent defines the level of their existence.
Possession of information and education in 21-century determine a modern person�s status in society. Along with the sphere of education, information field determines the fields of labour and economy and influences the sphere of state politics. Manipulation of information and also manipulation of social consciousness in our age are becoming a technology of programming people�s behavior. Manipulating society one can destroy certain ideas in people�s minds and on their ruins create new ideas and fundamentals, for example of a new ideology.
Telecommunications system as a major joint of channels of information delivery obtains dominating place in human environment. �Manipulation of information is akin to disinformation . . .� scholar Vladimir Volkov writes in his �History of Disinformation.� He writes that manipulation as destruction has three aims:
read more
Manipulation of social consciousness through mass media (http://onlinejournal.com/artman/publish/article_6485.shtml)
Online Journal Guest Writer
Oct 22, 2010, 00:20
Email this article
Printer friendly page
Information is an important part of modern human life. Information is becoming a more significant element of modern life along with education and the way people interact with information today to a greater extent defines the level of their existence.
Possession of information and education in 21-century determine a modern person�s status in society. Along with the sphere of education, information field determines the fields of labour and economy and influences the sphere of state politics. Manipulation of information and also manipulation of social consciousness in our age are becoming a technology of programming people�s behavior. Manipulating society one can destroy certain ideas in people�s minds and on their ruins create new ideas and fundamentals, for example of a new ideology.
Telecommunications system as a major joint of channels of information delivery obtains dominating place in human environment. �Manipulation of information is akin to disinformation . . .� scholar Vladimir Volkov writes in his �History of Disinformation.� He writes that manipulation as destruction has three aims:
read more
Manipulation of social consciousness through mass media (http://onlinejournal.com/artman/publish/article_6485.shtml)
uscis_prob
08-15 06:44 PM
Hi Tom,
Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.
Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.
Its rather a tense moment as I am on my 7th year extension.
Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.
Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.
Its rather a tense moment as I am on my 7th year extension.
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