h1vegas
06-11 02:38 PM
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IneedAllGreen
12-11 01:05 PM
Whereas appeal to I-140 is 21 month delay so I assume that I-140 will take its own sweet time. But What about appeal to I-485 which is current. Am I going to get any response on I-485 appeal process soon?? Anyway thanks for sharing your experience with me.
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
Dhundhun
10-28 01:35 AM
Good finding. They should push quarterly overflow to keep them busy.
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InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
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 certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
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 certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
more...
Blog Feeds
06-03 04:50 PM
VIA*Press Trust of India / Hyderabad*May 13, 2009, 15:45 IST (http://www.business-standard.com/india/news/us-consulate-denies-h1b-visa-curtailment-for-indians/61547/on)
"US Consulate General, Hyderabad, Cornelis M Keur addressing media persons at the 'meet the press' programme organised by Press Club Hyderabad said that due to economic slowdown the world over, the US government has taken a decision to tie up its unemployment problem which is nine per cent. But, there was no significant change in visa policy. "We continue to issue H1B visas with little more scrutiny," Keur said.
He said that, at the same time, the US government has framed a policy for the companies to give preference to native Americans in employment.
Obama administration has taken up a practical approach in establishing relations with the countries while there were efforts in strengthening relations with India because of the "Brain Borrowing", he said.
Keur said there are 3 million Indians in the US who are contributing to its prosperity specially mentioning about the Andhraites who marked their presence in various fields in the US including IT.
Keur said the Hyderabad Consulate, the fourth in the country was established due to the growing trade and development in the state in the IT, biotechnology and pharma sectors."
More... (http://ashwinsharma.com/2009/06/02/us-consulate-denies-h1b-visa-curtailment-for-indians.aspx?ref=rss)
"US Consulate General, Hyderabad, Cornelis M Keur addressing media persons at the 'meet the press' programme organised by Press Club Hyderabad said that due to economic slowdown the world over, the US government has taken a decision to tie up its unemployment problem which is nine per cent. But, there was no significant change in visa policy. "We continue to issue H1B visas with little more scrutiny," Keur said.
He said that, at the same time, the US government has framed a policy for the companies to give preference to native Americans in employment.
Obama administration has taken up a practical approach in establishing relations with the countries while there were efforts in strengthening relations with India because of the "Brain Borrowing", he said.
Keur said there are 3 million Indians in the US who are contributing to its prosperity specially mentioning about the Andhraites who marked their presence in various fields in the US including IT.
Keur said the Hyderabad Consulate, the fourth in the country was established due to the growing trade and development in the state in the IT, biotechnology and pharma sectors."
More... (http://ashwinsharma.com/2009/06/02/us-consulate-denies-h1b-visa-curtailment-for-indians.aspx?ref=rss)
stephsh
11-26 03:51 AM
Thanks, it doesnt generate an error so it should be alright. The panel still doesnt appear so I created it with asp:
<asp:Panel ID="PanelSummary" runat="server" BorderColor="Black" BorderWidth="1" BorderStyle="Groove" Width="100" Height="300"></asp:Panel>
<asp:Panel ID="PanelSummary" runat="server" BorderColor="Black" BorderWidth="1" BorderStyle="Groove" Width="100" Height="300"></asp:Panel>
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smuggymba
04-07 08:39 AM
Hi ALL,
I'm a newbie in the forum and i need help from all regarding the below issue i have.
I'm a F1 student and presently working as a Software Engineer.I have been on OPT from January 2010 and i have recently got an extension for another 17 months which is a total of 29 months of OPT from January 2010 till June 2012, My main question was when do i need to apply for H1 and are there different types of H1?
What are the dates for applying for H1 and the start date for H1?
I will be done with my OPT by June 2012, so when should i start my H1 filling and is there any way that i can extend my status?
what are the ways of applying for H1?
Sorry if i have been asking the same question which has been answered before, if so please do not mind to direct me to that particular page
Thanks,
Rohit
Do it as soon as you can. You have a lot of time though. This year's quota started from April 1 which will come into affect on oct 01. You have nothing to worry.
I'm a newbie in the forum and i need help from all regarding the below issue i have.
I'm a F1 student and presently working as a Software Engineer.I have been on OPT from January 2010 and i have recently got an extension for another 17 months which is a total of 29 months of OPT from January 2010 till June 2012, My main question was when do i need to apply for H1 and are there different types of H1?
What are the dates for applying for H1 and the start date for H1?
I will be done with my OPT by June 2012, so when should i start my H1 filling and is there any way that i can extend my status?
what are the ways of applying for H1?
Sorry if i have been asking the same question which has been answered before, if so please do not mind to direct me to that particular page
Thanks,
Rohit
Do it as soon as you can. You have a lot of time though. This year's quota started from April 1 which will come into affect on oct 01. You have nothing to worry.
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tanvi
08-02 02:57 AM
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bindas74
05-20 10:18 PM
I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?
Thanks,
Kunal
Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.
Thanks,
Kunal
Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.
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pointlesswait
09-30 02:05 AM
;-)
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.
Should IV core take this up as next high priority admin fix item with USCIS?
more...
techno
07-23 02:59 PM
I came across a good job website and it looks like lot of interesting features than todays job sites.
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jonty_11
02-06 02:20 PM
u can retain PD only if u have Labor and I140 approved from Old Company.
When u file I-140 with new company - u dislcose intent to retain old PD as u submit copy of approved I-140 (u got with old Comapny)
When u file I-140 with new company - u dislcose intent to retain old PD as u submit copy of approved I-140 (u got with old Comapny)
more...
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May 20th, 2004, 08:41 PM
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krithi
02-07 04:51 PM
gotcha sounds good.
thnx,
Java
thnx,
Java
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FinalGC
11-18 05:06 PM
I believe what you need to show is the company's P&L statement with revenue statement, and not just $7000 in profit. if the company has a revenue of $1mil or more, it should be fine, if less then it needs to show how many employees it had and what profit or loss it made....it should be at least $1.0 profit, rather than a loss.
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eagerr2i
11-10 06:07 PM
You can find noraties always at the nearest "Mailboxes Etc".. in the town; they are pricey though at $ 10 per attestation, else you should check your legal department in your work place.
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sForever
09-22 04:21 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
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scorion
10-01 07:27 PM
Physicaltheraphyforum.com is an awesome place to find this kind of information.
I can answer some of the question but don't have first hand personal experience.
I can answer some of the question but don't have first hand personal experience.
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a2k2
06-15 08:01 PM
Yes I did send a copy of her I-485.
ssdtm
02-23 10:24 PM
Per Cronin Memo, your wife is eligible for H4 visa.
This is based on the feedback from a top attorney.
This is based on the feedback from a top attorney.
raysaikat
04-21 11:37 PM
Hi,
I am really confused about my current status.
I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.
I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.
Now, I am still in US. Is my status illegal?
Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.
Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?
I am really confused about my current status.
I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.
I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.
Now, I am still in US. Is my status illegal?
Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.
Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?
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