InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
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 certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
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 certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
wallpaper fantastic_four_3 Date: 08/31/
gcdeena
04-29 06:36 PM
Obama takes immigration reform off agenda
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
diptam
08-03 11:33 PM
LIN0722454546 was the Last one for 224 th working day from Oct 1st 2006
Great formula
There you go...)
Great formula
There you go...)
2011 DVD REVIEW: FANTASTIC FOUR
kirupa
04-11 08:05 PM
I really like the new ones you did! I'll add up many of the new stamps from you and others in a few hours :)
more...
deardar
09-14 08:44 AM
Flying to DC for their GC.............
Happy to know that there are still people who like and know how to make a difference.
Happy to know that there are still people who like and know how to make a difference.
sam2006
09-17 05:05 PM
nice job chandu garu
keep it up :)
keep it up :)
more...
Munna Bhai
06-22 11:14 AM
Please help...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
you need pdf writer, use demo.
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
you need pdf writer, use demo.
2010 sequel Fantastic Four:
Life2Live
04-22 12:54 PM
Is I-140 Premium processing is available now?
more...
nosightofgc
04-05 09:59 AM
I am scheduled to close my refinancing (changing from conventional to FHA). Quicken Loan processed my loan - of course their charges are a lot more than others. The point is, I did not face any objections so far due to EAD status. Of course they asked my EAD copy a few times. Hope this helps!
hair FANTASTIC FOUR 3: MOLEMAN
pkv
06-06 04:34 PM
I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
more...
rupchikgulti
06-17 05:04 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
hot The Fantastic Four have
seahawks
06-02 08:43 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
more...
house Description of Fantastic Four
cessua
09-11 07:00 PM
Were you really expecting that any bills were going to pass? In the politics world it is all about compromise, no one will vote for anything tht can risk their image before the election. Let's put it this way... you are a law maker... what to would you care about? immigrants or yourself?
tattoo Doom in “Fantastic Four 2″
roseball
04-12 01:18 AM
Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
more...
pictures Spiderman joins Fantastic Four
bheemi123
09-12 03:36 PM
my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry
dresses Fantastic Four 3
nvodela
09-29 02:31 AM
Check your private message
more...
makeup Fantastic Four: World#39;s
Anders �stberg
January 6th, 2004, 10:07 AM
Nothing looks natural to me anymore
Yes, the colors, contrast and clarity that is possible - and more or less expected - is getting unreal indeed. It gets in the way of the content of the picture sometimes, too much nit-picking over Photoshop stuff...
One other suggestion! YOu may want to build a "bird mask" using the select color tool. and then apply that above the NI'd image.
This will some of the noise in the bird but will add detail in the bird. The select color range tool will give a semi transparent selection so it will kind of give you the best of both worlds than a straight select tool.
Also you could use Q and do a qick mask then use a semi transparent brush to select the bird to do the same things as color range select.
Scott
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Yes, the colors, contrast and clarity that is possible - and more or less expected - is getting unreal indeed. It gets in the way of the content of the picture sometimes, too much nit-picking over Photoshop stuff...
One other suggestion! YOu may want to build a "bird mask" using the select color tool. and then apply that above the NI'd image.
This will some of the noise in the bird but will add detail in the bird. The select color range tool will give a semi transparent selection so it will kind of give you the best of both worlds than a straight select tool.
Also you could use Q and do a qick mask then use a semi transparent brush to select the bird to do the same things as color range select.
Scott
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
girlfriend Fantastic Four … um … Three
haider420
03-04 01:01 AM
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
hairstyles Fantastic Four Vol 1 #3
vin13
01-15 12:42 PM
We had an emergency and got our AP approved and collected it at the USCIS office. We left US the very next day. We had no issues returning back. So i think you should be OK.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
sunnymit
05-10 12:49 PM
the title of your thread sent a message that you know something that others don't - misleading... u want to start predictions - fine, do it but don't misguide ppl... Cheers
Blog Feeds
08-08 09:40 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVZRP-LVzjU_-xbdIqUkqg75RGkLEyHJdUEKLlMCuEb0K68TEgs0B6bz-wzFCSu6Nn8SNMWvSkSOvZCYY-ag6N36yzYL21vedWBZ_yHDqpmeU2P8IdweWrgc2pJo-udA7Xcaqhm2Bpu2s/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVZRP-LVzjU_-xbdIqUkqg75RGkLEyHJdUEKLlMCuEb0K68TEgs0B6bz-wzFCSu6Nn8SNMWvSkSOvZCYY-ag6N36yzYL21vedWBZ_yHDqpmeU2P8IdweWrgc2pJo-udA7Xcaqhm2Bpu2s/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVZRP-LVzjU_-xbdIqUkqg75RGkLEyHJdUEKLlMCuEb0K68TEgs0B6bz-wzFCSu6Nn8SNMWvSkSOvZCYY-ag6N36yzYL21vedWBZ_yHDqpmeU2P8IdweWrgc2pJo-udA7Xcaqhm2Bpu2s/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVZRP-LVzjU_-xbdIqUkqg75RGkLEyHJdUEKLlMCuEb0K68TEgs0B6bz-wzFCSu6Nn8SNMWvSkSOvZCYY-ag6N36yzYL21vedWBZ_yHDqpmeU2P8IdweWrgc2pJo-udA7Xcaqhm2Bpu2s/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
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