arc
10-02 10:52 AM
The application finally goes to the service center who has adjudiciated the 140, if one's 140 is LIN the AOS 485 will go finally to NSC, it will stay pending over there untill the visa bulletin becomes current for that Priority Date.
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jasguild
07-17 11:02 AM
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
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
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clove
07-04 04:20 PM
wasted on medical exam : 760$;
wasted on mental tension and frustration : priceless
wasted on mental tension and frustration : priceless
more...
friend_in_NC
07-04 02:35 PM
Medicals - $600
Application fee = $1490
Lawyer fees = $1500
Certificates/copy/fedex/photos = $250
Loss in pay (in gathering medical/certificates/mailing) = $500
TOTAL = $4340
Application fee = $1490
Lawyer fees = $1500
Certificates/copy/fedex/photos = $250
Loss in pay (in gathering medical/certificates/mailing) = $500
TOTAL = $4340
gapala
02-21 09:18 AM
Sheela,
when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.
when did this happen to you? Is it in the recent past or way back, looking at your post, it seems it was way back. Please confirm as lot of us think this is a recent development as we haven't heard anything about this until this thread.
more...
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?
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wa_Saiprasad
05-14 07:36 PM
there is something like fiancee visa, please search for more details on that
thanks
Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.
thanks
Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.
more...
snathan
04-29 02:32 PM
And who is India fighting with??
Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....
Please tell us what cool-aid you are drinking..
Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....
Please tell us what cool-aid you are drinking..
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knacath
08-20 02:15 PM
Expedite request approved yesterday. Hopeful.....
more...
Daisy
12-20 11:00 AM
This awesome ! Freedom finally !!! Thanks 'the' for posting this...you made my day !!
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maddipati1
07-27 08:18 PM
BTW, great thinking.. posting the link in advance
u r a Skilled .... but keeps a lil bug in the logic :-)
S
u r a Skilled .... but keeps a lil bug in the logic :-)
S
more...
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amitjoey
01-31 12:43 PM
I hope with this funding mechanism they could hire more efficient people and get things done fast.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
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snathan
04-29 09:57 PM
Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...
more...
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sands_14
04-13 11:02 AM
No visa bulletins till October2007
Thats what USCIS announced 2 weeks back
So stay cool:)
Thats what USCIS announced 2 weeks back
So stay cool:)
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ramaonline
08-07 07:35 PM
Note that after marriage, the GC for spouse needs to be filed under FB category which has a backlog of 4-5 years
F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.
H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.
Follow to join (Consular processing) helps if you were married before the 485 approval.
F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.
H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.
Follow to join (Consular processing) helps if you were married before the 485 approval.
more...
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dealsnet
05-15 04:05 PM
This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.
I think we, in this forum, should get more mature in handling others personnel issues. The reason I was against that "snathan" story was that we are trying to play goody goody for no reason. We are in a country where the divorce rate is the highest..then why don't we open this forum for all of those people..let's play good Samaritan to everyone...
I think we, in this forum, should get more mature in handling others personnel issues. The reason I was against that "snathan" story was that we are trying to play goody goody for no reason. We are in a country where the divorce rate is the highest..then why don't we open this forum for all of those people..let's play good Samaritan to everyone...
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Kushal
11-21 07:16 PM
Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
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tabletpc
08-08 09:45 AM
Guys,
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
I am also in somewhat same situation. So thought of sharing it in this thread.
I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.
But this question often hunts me...
1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??
2. HOw long does it take to notify USICS to withdraw my 485...??
Thanks in advance..
harish
11-29 07:55 PM
I'm wondering where did you get this information?
From here.... http://www.ilw.com/immigdaily/
From here.... http://www.ilw.com/immigdaily/
needhelp!
02-08 04:26 PM
If I were you, I would talk about my problem and how frustrated I am to ALL my colleagues and friends and well-wishers and get atleast 100 letters that will help to pass the "filing before PD current" admin fix which is part of the current campaign.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.