raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
martinvisalaw
04-06 12:48 PM
The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
Flash-Matic
10-28 10:46 PM
good thing i brought an umbrella :)
akhilmahajan
06-27 12:25 PM
I think dec 2006 must not be a mistake, as thats the date they are showing they are working on............
more...
kalyan
07-07 12:46 PM
Invite the Senators to this meeting.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
lacrossegc
08-10 02:08 PM
lets hope that the administration actually implements what it says it wants to do ...
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
more...
desi3933
07-05 03:30 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
BharatPremi
12-07 10:10 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Yes, USCIS is a Jungle and not sweet
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Yes, USCIS is a Jungle and not sweet
more...
atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
little_willy
05-02 12:56 PM
I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
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sidshar
05-15 03:37 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
loveNpeace
07-31 08:51 PM
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
more...
sin94
03-08 08:50 PM
Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
smartboy75
08-14 02:48 PM
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
more...
pappu
11-02 04:10 PM
I had written 2 long posts in the past detailing my own views on how to hire an attorney and how to deal with them when you hire them. You may want to go through them in the threads. If someone can dig them we can try to create a thread dedicated on 'advice when you hire an attorney'. I have myself seen enough bad attorneys (both big and small firrms) and the posts were written based on my experiences and experiences of my friends.
beppenyc
04-09 03:36 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
No, so don`t worry...nothing will happen.
more...
lifestrikes
03-10 10:09 AM
Nightly News: U.S. losing immigrant brainpower - Business - Consumer news - U.S. business - msnbc.com (http://www.msnbc.msn.com/id/41894670/ns/business-consumer_news/)
santa123
06-09 11:20 PM
I suggest that you put things in black and white.
Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.
Pls be polite with your wordings as this may help resolve the issue itself.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.
Pls be polite with your wordings as this may help resolve the issue itself.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
gcfriend65
12-06 10:08 AM
So, did you follow up later...to see what happened on your case or are you just waiting. My lawyer says that the timelines are just like that.
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
pmb76
07-17 07:43 PM
After receiving the flowers on July 10, Emilio Gonzales went to the library to study about Gandhi. He spent 2 whole nights reading the life history of the Mahatma. Finally the Mahatma appeared right before his eyes and made him realize the injustice inflicted by the July VB revision. The rest is history :D
Thanks to IV core and members for rekindling the spirit of the Mahatma in the land of opportunity.
Thanks to IV core and members for rekindling the spirit of the Mahatma in the land of opportunity.
ronhira
02-08 08:04 PM
what line?????? this is a standard bullshit line the disingenuous & dishonest leadership of aila has used time and time again..... this is what they say ..... everytime things appear to stall in the congress .... these con artist start saying that ...... highly skilled employment based green cards are suffering..... america is suffering & losing..... so pass the bill for the UNDOCUMENTED...... otherwise innovation will suffer..... it doesn't even make sense .... its total bullshit...... the job of lawyers is to lie..... but did someone say that joseph goebbels is now in the leadership of aila...... because this sounds to more like someone saying ...... if you tell a lie big enough and keep repeating it, people will eventually come to believe it
aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......
aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......
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