raj2007
06-21 03:52 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
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s416504
10-02 03:54 PM
Applying PERM & H1 are diffrent. GC process is future employment so Any employer can sponser your PERM without joining him (But you have to join that employer if GC-485 get approved by him).
In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.
In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.
kaisersose
05-29 08:09 PM
Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?
It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?
It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.
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Krilnon
04-23 05:24 PM
what does this mean? does that mean my computer needs to be down-graded to DirectX 7?All versions of DirectX (except 10) are supposed to be fully backwards compatible with previous versions, so you should never have to revert.
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nashim
08-15 08:50 AM
It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.
msekhargc
02-13 05:08 PM
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immi_seeker
10-08 10:38 PM
^^^^^^^^^
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anishNewbie
09-10 04:07 PM
MS + Zero exp = I doubt if any one out there
Hmm.. I though many people are there.. bumerr...
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
Hmm.. I though many people are there.. bumerr...
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
more...
walking_dude
11-25 11:43 PM
Let us not turn it into EB immigrants vs. undocumented fight. They are human beings too, with a dream for better tomorrow just like us.
As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.
On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)
CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!
The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.
CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.
As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.
On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)
CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!
The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.
CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.
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nonimmi
06-20 01:44 PM
If the visa is already expired, you better wait to get the travel documents (AP) so you don't need to go for stamping.
If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:
If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:
more...
msp1976
05-26 11:44 AM
Thank you to you all...
Core team,
QGA Associates,
Staff of senators,
Senators,
You guys have worked hard and your efforts are appreciated....
Core team,
QGA Associates,
Staff of senators,
Senators,
You guys have worked hard and your efforts are appreciated....
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adusumilli
09-28 09:23 AM
Check the signature.
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reachinus
07-16 06:53 PM
Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
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thescadaman
11-04 09:23 AM
A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.
Hence, I guess, their typo correction system is a bit slow but it works!
ISSUE RESOLVED!
Hence, I guess, their typo correction system is a bit slow but it works!
ISSUE RESOLVED!
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kandhu
08-14 05:34 PM
Congrats Wandmaker!
Hope you will continue to Visit IV and help the community with your vast immigration knowledge.
Hope you will continue to Visit IV and help the community with your vast immigration knowledge.
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sunny1000
01-22 05:13 PM
The below PDF link may be of assistance to you. You should contact the SEVP. Good luck.
http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf
Below section may be relevant:
6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
• Your school discontinues the classes/instruction for which you have contracted
• You are unable to contact school officials
• Your school officials will not assist you
Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
b. Provide SEVP the following information:
• Family name
• First name
• SEVIS ID
• Date of birth
• Form I-94 number
• Contact information, including mailing address, telephone number, and email
• School name and address
• Date you became aware of the problem
• Description of the situation (a summary; 1-2 paragraphs)
c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.
http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf
Below section may be relevant:
6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
• Your school discontinues the classes/instruction for which you have contracted
• You are unable to contact school officials
• Your school officials will not assist you
Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
b. Provide SEVP the following information:
• Family name
• First name
• SEVIS ID
• Date of birth
• Form I-94 number
• Contact information, including mailing address, telephone number, and email
• School name and address
• Date you became aware of the problem
• Description of the situation (a summary; 1-2 paragraphs)
c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.
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gceb3holder
02-27 08:09 AM
Right, the problem is: I do travel a lot and that makes a part time job difficult to find....
Other thing, the 6 months, is counted from the receipt date or the approval date?
Other thing, the 6 months, is counted from the receipt date or the approval date?
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SL%%
09-05 02:20 AM
what's with the repetition of message? ahahahahaha
Seriously now, if a hospital can offer you a H1 status then you'll be fine. Though apparently, things are also hard for NCLEX certified nurses to get a job in the US. Well, based on my opinion, the recession is a factor. Although hospital is part of the health care system, it is also a business. With things going on like this, you can do the math. Also another consideration is that, of course being in US, labor dept. would DEFINITELY prioritize LPR's or Citizens to fill in the job.
I have a friend who knows a head director of a hospital in SOCAL, he told him that right now, its really hard for them to hire nurses from abroad. He also mentioned that they (the hospital) usually get / hire their nurses from a certified and reputable agent that is based in the Philippines. Who are the agents you may ask, I don't know. Though please don't take this as a discouraging information for your side, you already have a leverage, that is you are in the US already. Just be careful though if some hospital wants to hire you, its always best to hire a reputable immigrant attorney to represent in your behalf. Good Luck
Seriously now, if a hospital can offer you a H1 status then you'll be fine. Though apparently, things are also hard for NCLEX certified nurses to get a job in the US. Well, based on my opinion, the recession is a factor. Although hospital is part of the health care system, it is also a business. With things going on like this, you can do the math. Also another consideration is that, of course being in US, labor dept. would DEFINITELY prioritize LPR's or Citizens to fill in the job.
I have a friend who knows a head director of a hospital in SOCAL, he told him that right now, its really hard for them to hire nurses from abroad. He also mentioned that they (the hospital) usually get / hire their nurses from a certified and reputable agent that is based in the Philippines. Who are the agents you may ask, I don't know. Though please don't take this as a discouraging information for your side, you already have a leverage, that is you are in the US already. Just be careful though if some hospital wants to hire you, its always best to hire a reputable immigrant attorney to represent in your behalf. Good Luck
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calboy78
11-10 03:02 PM
I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.
PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.
PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.
kumarc123
01-16 03:13 PM
please Call !
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We Can Do This Together
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We Can Do This Together
fall2004us
10-20 05:36 PM
Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.
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