sai2005
03-06 04:22 PM
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
wallpaper last llamas wearing hats
perseus
07-17 01:04 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
Templarian
08-26 10:43 AM
That one looks perfect gundark.
2011 a videos llamas in hats
billu
08-06 12:24 PM
DISH Network IPTV (http://www.dishworldiptv.com/index.html)
this is what i am talking about
this is what i am talking about
more...
conchshell
07-07 09:32 AM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
May be we can get their help to gather support from pro India congressmen and senators
fromnaija
01-23 10:39 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.
more...
karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
2010 havent Llamas+with+hats+5
MYGCBY2010
07-27 03:03 PM
The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?
more...
ARUNRAMANATHAN
10-24 02:47 PM
Yes you can, but you need to go thru the labor and i-140 once again.... Yes you can use the PD from EB3 to EB2 .. But do check what kind of proof you need to do so ......
Good Luck !
Good Luck !
hair Llama with Hats Shirts at
the_jaguar
03-25 01:48 PM
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
more...
matreen
12-18 11:22 PM
Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
hot hats Llamas+with+hats+3
TexDBoy
09-10 09:09 PM
If your Opt is till Dec ... why did you get H1B with no I-94 ...
I thought that only happens if you have gap between OPT and H1B ...
I thought that only happens if you have gap between OPT and H1B ...
more...
house Llamas+with+hats+wallpaper
anu_t
06-20 09:40 AM
navin I am also in the simillar situation. Still couldn't decide what to do?:(
tattoo llamas with hats
Kodi
06-08 08:07 AM
What is a status quo?
more...
pictures llamas with hats,
nihar
11-21 04:08 PM
if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess
dresses Llamas+with+hats+2
David C
July 27th, 2005, 10:14 PM
Gary,
I actually think the straight shot in this case is very nice in its own right!
Regarding the submissions so far: they all are good, and I don't know if I can add much, but I did have a bit of a go with the image (using the PSD you posted for Nick, as I don't have any RAW conversion capability here).
With those who have previously posted verions, I like the clarity of Josh's, and I think his probably has the best balance of 'sharpness' for this subject. However, I did feel his flower could have done with a bit more local contrast.
I think AjP and Freddy have got the contrast on the bloom the best so far. If I had to nitpick, I suppose I found AjP's leaves a bit bright for me, and Freddy's a bit dark (though the darkened leaves did set off the bloom very nicely!).
I went for background brightness about in the middle of these two versions (and thus I think ended up with a version fairly close to the one in your original post - though with somewhat less clipping on the highlight side).
For my go, my approach was similar to Josh's - with the addition of Levels:
(Input 1 0.95 241
Output 0 255)
with a saturation boost (about 25%, except for greens)
and a contrast mask (opacity about 50%).
Cheers,
DC
I actually think the straight shot in this case is very nice in its own right!
Regarding the submissions so far: they all are good, and I don't know if I can add much, but I did have a bit of a go with the image (using the PSD you posted for Nick, as I don't have any RAW conversion capability here).
With those who have previously posted verions, I like the clarity of Josh's, and I think his probably has the best balance of 'sharpness' for this subject. However, I did feel his flower could have done with a bit more local contrast.
I think AjP and Freddy have got the contrast on the bloom the best so far. If I had to nitpick, I suppose I found AjP's leaves a bit bright for me, and Freddy's a bit dark (though the darkened leaves did set off the bloom very nicely!).
I went for background brightness about in the middle of these two versions (and thus I think ended up with a version fairly close to the one in your original post - though with somewhat less clipping on the highlight side).
For my go, my approach was similar to Josh's - with the addition of Levels:
(Input 1 0.95 241
Output 0 255)
with a saturation boost (about 25%, except for greens)
and a contrast mask (opacity about 50%).
Cheers,
DC
more...
makeup Llamas+with+hats+3+script
mirage
04-08 03:01 PM
For EB3 India 7% of 85,030 = 5903. And still Dates are stuck in 2001. I don't know what it take to move it to beyond 2002-2003 ?
I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..
I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..
girlfriend It is called Lamas With Hats.
badluck
07-09 10:20 AM
This website is for immigration issues only. Please dont hate me now.
hairstyles hats, llamas with hats,
harsh
11-20 04:03 PM
Alabaman, techy2468 and other bama residents, as suggested by admin, I think it is a good idea to exchange each others contact info. I am willing to keep a list of all members from alabama so that in the event we need to contact members, it will be easier. I will send you guys a PM with my contact info. So please forward your contact info to me.
Thanks
Thanks
Kevin Sadler
May 2nd, 2005, 07:50 AM
Nice shots, Anders. And you're right on track with your thinking about getting wheel spin to really enhance the photos mixed in with a combination of panning shots as well. There is something about wheel spin and motion that really adds to an image. Cox's pic is a great example and dan13 has some good ones in his gallery too. So the question is how much? Just enough is the answer. One of my buddies is a professional auto racing photographer. He's had mag covers and they fly him around to different tracks, even to Japan. So he's the real deal and very good and his published pans are flawless. But he says it's still trial and error and every track condition is different and it still takes a bunch to get a good one. Now he can get dialed in a lot quicker than most of us, but you get the point. Keep slowing it down until you get it. :) Hope that helps a little. Later, Kevin
trueguy
08-08 05:53 PM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
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