ngopikrishnan
08-19 08:32 PM
Can someone please post a sample employment verification letter? Thanks!
wallpaper ¡Feliz día del Trabajador!
kumar1
10-29 09:23 AM
So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.
mheggade
05-15 10:22 PM
I agree with Munna Bhai on this. There is no need to put salt on the wound , we should help if we can on the issue in hand instead of judging others.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
2011 dia del trabajador. el dia del
asharda
07-06 04:43 PM
ABEY DHAKKAN
TRUTH HURTS AND WHY ARE SO SORRY..
DID ANYONE ASK U FOR YOUR WISE COMMENTS ..
KEEP UR TRAP SHUT IF U HAVE NOTHING TO SAY
May be you have to say or have said too much already! Why don't you take a chill pill and relax... you do what you feel is right and let others follow their heart
RELAX DUDE! take a break!
TRUTH HURTS AND WHY ARE SO SORRY..
DID ANYONE ASK U FOR YOUR WISE COMMENTS ..
KEEP UR TRAP SHUT IF U HAVE NOTHING TO SAY
May be you have to say or have said too much already! Why don't you take a chill pill and relax... you do what you feel is right and let others follow their heart
RELAX DUDE! take a break!
more...
ramus
05-29 05:36 PM
Thanks...
I wish everybody act quickly like you.. Thanks again. Please try again.
Friend,
Thanks for the update , Yes just now I tried and I got following error from webfax, will try again and count me in I will be sending the fax.
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivwebfax@gmail.com
I wish everybody act quickly like you.. Thanks again. Please try again.
Friend,
Thanks for the update , Yes just now I tried and I got following error from webfax, will try again and count me in I will be sending the fax.
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivwebfax@gmail.com
vasireddyanil
02-19 09:42 PM
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
more...
rameshvaid
06-02 02:12 PM
Two from our family.
Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.
thx
Pls. forward the link to your family and friends..
Excue me for misspelling your name.."MICOFROST"
RV
Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.
thx
Pls. forward the link to your family and friends..
Excue me for misspelling your name.."MICOFROST"
RV
2010 Feliz día del trabajador
gc_on_demand
11-03 06:05 PM
It is high time, we support this initiative from Senator Menendez.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464
"It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill."
Check it out :
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464
"It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill."
Check it out :
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html
more...
matreen
08-15 03:01 PM
Two things I would like to mention here:
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
hair el dia del trabajador,
bobyal
05-12 11:39 AM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (http://www.thokalath.com/North-America/Indo-American-Community.php)
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (http://www.thokalath.com/North-America/Indo-American-Community.php)
more...
Gravitation
04-13 01:09 PM
So why isnt EB3 India moving at all ?
'cause almost all India EB3 visa numbers for this year are gone.
'cause almost all India EB3 visa numbers for this year are gone.
hot Origen al día del Trabajador
jbr
07-02 04:15 PM
Medical Fees: $600
Photographs: $120
Shipping Charges: over $100
Lawyer Fees: TBD
Photographs: $120
Shipping Charges: over $100
Lawyer Fees: TBD
more...
house dia del trabajador. (DyN).
gc_chahiye
08-20 09:14 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
do you have it in writing from them that they filed your I-485?
do you have it in writing from them that they filed your I-485?
tattoo ¿Dia del trabajador
girishvar
07-19 07:13 PM
Your wife might not get visitor visa approved because of dual intent. H4 and
L2's are allowed to have dual intent
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
L2's are allowed to have dual intent
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
more...
pictures 1 de mayo dia del trabajador.
GC_2008
11-20 08:17 AM
This thread is interesting... US is headed to a economic slowdown currently (everyone knows that), and Bernanke (the fed chairman) and others are working hard trying to guide this country to a "soft landing". Some foriegn banks/investment firms have already withdrawn US market from their investment lists/porfolios, and this will get worse for this country. Japan went through a major slowdown in the 90s and it took them more than a decade to recover. As funny as this post can be, but US will have to look at every angel to stablize their economy, even in a small scale. This does not isolated to housing only. Issing green cards to highly skilled immigrants can only better this country, not worse. After all we put greencard into good use and I believe most will agree on this.
dresses Día del Trabajador
enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
more...
makeup Feliz día del trabajador
smuggymba
05-11 11:21 AM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
thanks for your expert opinion:D
thanks for your expert opinion:D
girlfriend Día del trabajo ¿Porque se
letstalklc
12-21 09:10 AM
I agree 100%, all these consulates are peace of crap, the way they behave is un believable, I have been to New York Office twice, both the times very bad, I don't think they change...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
hairstyles acto-dia-del-trabajador
thomachan72
05-17 10:12 AM
I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....
you are completely misunderstanding / I was not clearly stating my point. Let the small comp / head hunters bring in people BUT TREAT THEM GOOD TOOO!!! Dont let people come here and not pay them / treat them as slaves on contract etc. Look at all the postings (go to murthy's web site--you will see many) Employer not paying, etc etc. In such case whats difference between an illegal hotel worker and these mistreated H1bs. I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else. Having personally seen this situation, I am a little concerned. Why would you be concerned in asking infosys to disclose the usage of H1bs procurred by them?? If its used properly there shouldn't be any issue. Now how microsoft uses the H1b is more transparent. How many of u working for microsoft have had any issues???
you are completely misunderstanding / I was not clearly stating my point. Let the small comp / head hunters bring in people BUT TREAT THEM GOOD TOOO!!! Dont let people come here and not pay them / treat them as slaves on contract etc. Look at all the postings (go to murthy's web site--you will see many) Employer not paying, etc etc. In such case whats difference between an illegal hotel worker and these mistreated H1bs. I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else. Having personally seen this situation, I am a little concerned. Why would you be concerned in asking infosys to disclose the usage of H1bs procurred by them?? If its used properly there shouldn't be any issue. Now how microsoft uses the H1b is more transparent. How many of u working for microsoft have had any issues???
dan19
04-13 10:08 AM
You mean which year the VB is coming :D
july which year...???:D
july which year...???:D
hpandey
02-12 09:25 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Its just what it is - a notice. Let him take it to the court and prove that you actually caused him a loss of 25K. You also have proof from your side that you gave him ample notice and that he has not paid your last month dues ( which he cannot keep ) and so forth including the stuff that he is not giving your W2 ( which is unlawful ).
For every reason the law is on your side. You do not have anything to fear.
And believe me the legal fees for taking this to court will cost him more than the 25K he is claiming and I am sure he will not want to get the DOL to investigate him and his background since it looks like he might have some skeletons in his closet too.
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Its just what it is - a notice. Let him take it to the court and prove that you actually caused him a loss of 25K. You also have proof from your side that you gave him ample notice and that he has not paid your last month dues ( which he cannot keep ) and so forth including the stuff that he is not giving your W2 ( which is unlawful ).
For every reason the law is on your side. You do not have anything to fear.
And believe me the legal fees for taking this to court will cost him more than the 25K he is claiming and I am sure he will not want to get the DOL to investigate him and his background since it looks like he might have some skeletons in his closet too.
