GC Struggle
03-10 11:02 AM
Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.
Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
No idea on this..
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.
Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
No idea on this..
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months
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Berkeleybee
03-27 05:49 PM
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
anilsal
10-30 04:42 PM
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
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makemygc
08-03 10:58 PM
Here is the link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
more...
gcisadawg
04-13 10:22 AM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.
2> Shift the money to a new/exsisting IRA.
Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.
-GCisaDawg
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.
2> Shift the money to a new/exsisting IRA.
Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.
-GCisaDawg
bbenhill
08-05 11:30 AM
I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.
I think you will need to pay USCIS when you apply for citizenship :D
I think you will need to pay USCIS when you apply for citizenship :D
more...
singhsa3
09-05 07:31 PM
Come on people, we are less than 2 weeks away from our destiny.
All you have to do is to rise from your daily chores, just for one day and help make this event successful.
All you have to do is to rise from your daily chores, just for one day and help make this event successful.
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bob2007
07-18 12:11 AM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
May I know the implications of this? What all are the possibilities ? Will they reject the application?
more...
Dipika
08-14 01:10 PM
Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.
But i noticed, All approved cases are clear, means no RFE in any stage.
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Catherine
11-18 12:34 AM
Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.
I wonder if there are any other ideas out there? Thanks one and all.
I wonder if there are any other ideas out there? Thanks one and all.
more...
yabadaba
06-24 05:23 PM
^^^^
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franklin
07-17 06:04 PM
Send a donation instead
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
more...
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OLDMONK
07-18 09:19 PM
I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
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mrajatish
03-24 04:31 PM
I like the idea - any takers, I am ready to work with that person.
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nk2
05-05 11:03 PM
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mdcowboy
09-15 02:38 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
:)
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
:)
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gjoe
08-21 02:35 PM
Here you go. Are you one of the air signs ? :D
If your answer is yes I will guess you sign
If your answer is yes I will guess you sign
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milind70
08-04 01:42 PM
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
For 140 G 28 needs to signed by employer and lawyer.
For 485 related g 28 neeeds to signed by applicants and lawyer.
My lawyer asked for 4 copies of G 28
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
For 140 G 28 needs to signed by employer and lawyer.
For 485 related g 28 neeeds to signed by applicants and lawyer.
My lawyer asked for 4 copies of G 28
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Ramba
07-31 05:57 PM
Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..
(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
Leo07
05-14 01:18 PM
^^^^^^^^^^^
fres42
01-27 10:57 AM
I applied for my H1B extension on Aug 23rd(Vermont). It says they are currently processing Oct 01, but my case is still pending..... Anyone in the same boat?
Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.
Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.
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