ani123
01-02 01:34 PM
Hi Guru's
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
Sorry to hear. But I suspect a retort to this REF saying Mathematics is the major from the same professor could do. But I think they will approve your case anyway. What is service center you applied.
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
Sorry to hear. But I suspect a retort to this REF saying Mathematics is the major from the same professor could do. But I think they will approve your case anyway. What is service center you applied.
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sareesh
04-21 12:12 PM
I understand your problem with moving dates slowly but did not follow your problem with porting.
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
mheggade
05-22 11:36 AM
All,
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.
On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.
Cheer up.
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.
On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.
Cheer up.
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rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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psaxena
06-10 05:37 PM
people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.
I support it.
I support it.
glus
01-02 12:39 PM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
Normally not, unless the IO marks the passport as "inadmissible" for any reason.
Normally not, unless the IO marks the passport as "inadmissible" for any reason.
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collkaverill
09-04 12:32 PM
This is an interesting article. My younger brother works for Wipro in India. He has a H1 Visa and work permit for U.K. He highly prefers London to US for several reasons. Firstly, he saves more money there (it used to be other way round a while back). Secondly, if he gets married, she won't be stuck at home for lack of visa... Currently he is here in US temporarily but when he goes back to India, he is going to ask for a longterm project in UK. Certainly doesn't want to come here on a longterm project. More importantly he doesn't want to settle permanently anywhere except in India.
I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...
I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...
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gen_tp
09-02 12:48 AM
Immigration Voice:
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
NSC:
hope1234 04.05.2004
ms665 04.07.2004
Wantgc191 04.14.2009
mitulpatel 04.15.2004
whenever 06.10.2004
srsga 06.30.2004
nandyap 10.18.2004
priderock 10.27.2004
TSC:
ItsGCTime 03.16.2004
rghrdr777 04.01.2004
sreenip4 05.04.2004
EduKondalaVada 05.22.2004
curryimmigrant 07.17.2004
LongHuntforGC Aug 2004
rajesh144 08.08.2004
crazy4gc 08.18.2004
msb0 08.28.2004
mallu37 09.13.2004
simran (dependent) 10.03.2004
ksknov2004 (dependent) 11.01.2004
vurramass 12.11.2004
tinkerer 12.13.2004
awaitinggc 12.24.2004
vb2012 12.24.2004
surmut 12.28.2004
greenedtoday 01.05.2005
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
NSC:
hope1234 04.05.2004
ms665 04.07.2004
Wantgc191 04.14.2009
mitulpatel 04.15.2004
whenever 06.10.2004
srsga 06.30.2004
nandyap 10.18.2004
priderock 10.27.2004
TSC:
ItsGCTime 03.16.2004
rghrdr777 04.01.2004
sreenip4 05.04.2004
EduKondalaVada 05.22.2004
curryimmigrant 07.17.2004
LongHuntforGC Aug 2004
rajesh144 08.08.2004
crazy4gc 08.18.2004
msb0 08.28.2004
mallu37 09.13.2004
simran (dependent) 10.03.2004
ksknov2004 (dependent) 11.01.2004
vurramass 12.11.2004
tinkerer 12.13.2004
awaitinggc 12.24.2004
vb2012 12.24.2004
surmut 12.28.2004
greenedtoday 01.05.2005
more...
paskal
08-05 09:23 PM
delighted to hear you are finalizing your plans
let me know when you have things in place, also if i can help you in any way. we should encourage more mn members to join us in DC, maybe even plan on making some calls. your motivation should serve as inspiration to others!
let me know when you have things in place, also if i can help you in any way. we should encourage more mn members to join us in DC, maybe even plan on making some calls. your motivation should serve as inspiration to others!
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yanj
12-15 10:13 AM
1 genius said "kaplan doesnt issue I-20's anymore."
so Does anybody know anywhere else can issue I-20 ?
2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?
looking for answer ,too. Thanks a lot !
so Does anybody know anywhere else can issue I-20 ?
2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?
looking for answer ,too. Thanks a lot !
more...
walking_dude
11-25 06:01 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.
I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)
Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.
If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.
If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.
I am confident that we will make it a success with your support.
It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.
I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)
Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.
If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.
If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.
I am confident that we will make it a success with your support.
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WillIBLucky
05-30 01:39 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
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chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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meg_z
11-22 09:29 AM
A friendly reminder: please do grammer and spelling checks before sending. Thanks.
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eb3_nepa
10-19 09:43 AM
So what is the rule? The salary should be exact or can it go up or down?
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hpandey
06-07 11:27 AM
Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm
But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...
Thanks a lot again i will contact DOL @ the earliest
Why are you writing as if you are writing a text message ? Are you writing from a computer or your phone ? I have a doubt about your authenticity. When did you come to US. Is this your first employer ? If you are not new you should be knowing the answers to all these questions ..
But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...
Thanks a lot again i will contact DOL @ the earliest
Why are you writing as if you are writing a text message ? Are you writing from a computer or your phone ? I have a doubt about your authenticity. When did you come to US. Is this your first employer ? If you are not new you should be knowing the answers to all these questions ..
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GCNirvana007
04-08 04:00 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.
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WaitingGame
11-26 09:58 PM
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
chanduv23
11-10 03:35 PM
--- bump ---
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
bkshres
01-23 04:21 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
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