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.
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a_tyagi26
02-02 12:08 PM
1. Im an MBBS, PhD
2. I obtained PhD in the United States in Biomedical Science
3. I have four first author paper and 9 co-author papers. I have 2 more co-author manuscripts in preparation. I have 50 citations for my papers.
4. I have done couple oral presentation and 7 poster presentations at national and international conferences.
5. I am currently working as a Research Associate (job title) for University.
6. I have reviewed 2 articles for a journal.
7. I have received one pre doctoral fellowship award from American Heart Association. Recently got young investigator award from University.
8. I have membership of five professional memberships.
9. I have 8 good letters of recommendation from three countries.
10. My area of research is translational and it is being highly promoted by NIH. This is very high impact area in cardiovascular medicine.
11. Currently in process to apply grant to pharma industry of nearly 100K. I have very good chance of getting this grant.
Already applied for EB2 NIW. My university is ready to apply for me under EB1-B (outstanding researcher). What are my chances of getting approval under EB1-b with above qualifications? If possible please suggest bests ways I can present my application to USCIS. I would really appreciate your response. Thanks.
2. I obtained PhD in the United States in Biomedical Science
3. I have four first author paper and 9 co-author papers. I have 2 more co-author manuscripts in preparation. I have 50 citations for my papers.
4. I have done couple oral presentation and 7 poster presentations at national and international conferences.
5. I am currently working as a Research Associate (job title) for University.
6. I have reviewed 2 articles for a journal.
7. I have received one pre doctoral fellowship award from American Heart Association. Recently got young investigator award from University.
8. I have membership of five professional memberships.
9. I have 8 good letters of recommendation from three countries.
10. My area of research is translational and it is being highly promoted by NIH. This is very high impact area in cardiovascular medicine.
11. Currently in process to apply grant to pharma industry of nearly 100K. I have very good chance of getting this grant.
Already applied for EB2 NIW. My university is ready to apply for me under EB1-B (outstanding researcher). What are my chances of getting approval under EB1-b with above qualifications? If possible please suggest bests ways I can present my application to USCIS. I would really appreciate your response. Thanks.
gc28262
07-01 05:13 PM
H1 extension can be applied upto 6 months before the expiry of current H1.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
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augustus
06-29 05:32 PM
Dear IV users,
for the first time I/m doing self-filing could you please answer my naive questions?
1. How could I know which service center to file? I have my current EAD with me with the card and attached paper work and it says it is from Nebraska Service Center - so is this the service center I need to re apply?
2. Where can I find the mailing address for this service center?
3. Should I send a copy of my passport and other immigration history documents for renewal?
Please reply at your convenience.
Thank you.
for the first time I/m doing self-filing could you please answer my naive questions?
1. How could I know which service center to file? I have my current EAD with me with the card and attached paper work and it says it is from Nebraska Service Center - so is this the service center I need to re apply?
2. Where can I find the mailing address for this service center?
3. Should I send a copy of my passport and other immigration history documents for renewal?
Please reply at your convenience.
Thank you.
more...
EB-VoiceImmigration
08-29 06:15 AM
I suggest to go with extension. U can file for extension 6 months before the expiry of H1. so Apply in next month (if applying in regular) or in oct or nov (if applying in premium). Passport expiry may not be an issue for extension.
In my case, i have applied for extension(in regular process) 5 months before existing H1 expiry, where as my passport is just valid for 2 months after existing H1 expiry date. Didn't face any issues in getting approval.
May be u need to check with Attorney for one scenario where due to RFE if the extension is pending beyond 5 or 6 months..
Based on my experience I'm suggesting this.. better check attorney or experts also.
In my case, i have applied for extension(in regular process) 5 months before existing H1 expiry, where as my passport is just valid for 2 months after existing H1 expiry date. Didn't face any issues in getting approval.
May be u need to check with Attorney for one scenario where due to RFE if the extension is pending beyond 5 or 6 months..
Based on my experience I'm suggesting this.. better check attorney or experts also.
saimrathi
07-03 02:39 PM
Just read that if you have sent one check for 1-140 & 485 then the whole package will be returned and you would have to refile your I140. If you have sent separate checks then they will just return the I485 part of your package.
Source: Either Fragromen or Murthy. Check their websites.
Sent in two checks.
Source: Either Fragromen or Murthy. Check their websites.
Sent in two checks.
more...
hebron
09-29 07:51 AM
No point in dreaming about getting any support from dems, they will bring up DREAM act for illegals and will hold legals hostage until CIR.
Our best chance is to get support from the republican pro-legal immigration senators like - Cornyn, Kyl, Judd Greg etc..
Our best chance is to get support from the republican pro-legal immigration senators like - Cornyn, Kyl, Judd Greg etc..
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pom
10-20 06:53 PM
I had to hurt my eyes for 10 minutes to see that one... Very nice :)
more...
nixone
08-29 03:14 PM
I would say 30 days after August 23 since that is the latest advert you ran for the job.
Thanks for your reply. One of the newspaper ads ran on July 27th. Does that mean I have to wait 30 days from that date?
I have 4 additional steps when DOL needs only three. May be I do not have to count the University Alumni Placement ad and file early.
Is this company considered professional oraganization for Operations Research Analyst job: www.apicsutah.org? We posted the job ad on this organization's website to fulfill the Professonal Organization requirement.
Thanks.
Thanks for your reply. One of the newspaper ads ran on July 27th. Does that mean I have to wait 30 days from that date?
I have 4 additional steps when DOL needs only three. May be I do not have to count the University Alumni Placement ad and file early.
Is this company considered professional oraganization for Operations Research Analyst job: www.apicsutah.org? We posted the job ad on this organization's website to fulfill the Professonal Organization requirement.
Thanks.
hair Kelly Rowland (When Love
kanshul
05-25 06:50 AM
Yes got the receipt yesterday. Here are the details:
USCIS received my application on May 7th and my wife's application on May12th. USCIS posted both checks at the same time and both hit my account on May 21st. Received receipt notice on May 24th. I think USCIS waits for a couplle of weeks and then processes all applications at the same time - hence a delay - or a log of 2 -3 weeks.
It was an all papaer application.
USCIS received my application on May 7th and my wife's application on May12th. USCIS posted both checks at the same time and both hit my account on May 21st. Received receipt notice on May 24th. I think USCIS waits for a couplle of weeks and then processes all applications at the same time - hence a delay - or a log of 2 -3 weeks.
It was an all papaer application.
more...
Hello_Hello
11-08 11:11 AM
Were you joking or you really meant what you wrote ?
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?
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NANO3
05-08 06:16 PM
nice, i like "saharaNoGloss.jpg"
very neat, may i have a link to full size sahara pictures, i would like to put them as my wallpaper :p
very neat, may i have a link to full size sahara pictures, i would like to put them as my wallpaper :p
more...
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shishya
04-30 11:18 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
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GCNOMAD
03-07 02:14 PM
I also dint receive the FP notice for my son. When I checked the USCIS help desk and also with my attorney for my son's (5 years) FP, I was told that kids under 16 years (16 years if I correctly remember) dont need FP in 485 processing.
more...
pictures Kelly Rowland ft.
chanduv23
10-17 08:01 PM
Excellent location - Central CT - people from all over CT can make it. Offcourse New Jersey and New York, everyone can make it - just 70 miles from the City.
Everyone from Tri State - don't miss this chance. This will be big.
It is 45 min either direction from Stamford and Hartford - smart thinking 'tnite' thanks for this.
Everyone from Tri State - don't miss this chance. This will be big.
It is 45 min either direction from Stamford and Hartford - smart thinking 'tnite' thanks for this.
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kondur_007
08-11 08:53 PM
As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.
Please advise. Should i do AC21 now ? Or Should i do only on RFE?
Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?
Nik
I would advise not to file anything at this point (in your situation). Hang tight and wait.
Good Luck.
Please advise. Should i do AC21 now ? Or Should i do only on RFE?
Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?
Nik
I would advise not to file anything at this point (in your situation). Hang tight and wait.
Good Luck.
more...
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ivjobs
09-06 04:46 PM
Six swine flu deaths take India's toll to 131 - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/Six-swine-flu-deaths-take-Indias-toll-to-131/articleshow/4979077.cms)
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hibworker
09-14 03:36 PM
No you can not port priority date.
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saro28
01-12 09:46 PM
Even I noticed the same in my case EB3 12/2001. Don't know what it means!
Feb. Bulletin may give some hope
Feb. Bulletin may give some hope
kedrex
02-15 08:04 PM
Gurus,
There seem to be a positive and negative news this year for EB2s. On the one hand, USCIS surprisingly allocated all their visas last year and that means that EB2 will not receive the (20k/3) visas that they received last year.
On the other hand because of the bad economy, one would expect that the companies will not be hiring as much EB1s and ROW EB2s as last year plus the DOL is expected to make Labor Certs very strict plus there are postings that software jobs wont make it to EB2.
I would appreciate it if the number crunching gurus can throw any light on how the rest of this fiscal is gonna be like for EB2s.
Thanks in advance.
There seem to be a positive and negative news this year for EB2s. On the one hand, USCIS surprisingly allocated all their visas last year and that means that EB2 will not receive the (20k/3) visas that they received last year.
On the other hand because of the bad economy, one would expect that the companies will not be hiring as much EB1s and ROW EB2s as last year plus the DOL is expected to make Labor Certs very strict plus there are postings that software jobs wont make it to EB2.
I would appreciate it if the number crunching gurus can throw any light on how the rest of this fiscal is gonna be like for EB2s.
Thanks in advance.
optimystic
10-12 07:15 PM
^^^^^bump^^^^^^^^^
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