sayonara
09-19 01:38 PM
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
TIA
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lostinbeta
09-06 02:19 PM
I started with 6. It isn't THAT much of an upgrade from 6. It does have a few little features that I like, like dynamic brushes that change direction and color.
susie
10-31 01:47 AM
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision
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MatsP
August 14th, 2006, 11:33 AM
Josh,
I wasn't meaning to be ridiculous, but it came out a bit stronger (when I read it back again) than I intended... Sorry to upset you...
--
Mats
I wasn't meaning to be ridiculous, but it came out a bit stronger (when I read it back again) than I intended... Sorry to upset you...
--
Mats
more...
nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
chenche19
04-01 11:57 AM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
more...
anu_t
08-13 06:05 PM
joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.
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prasadn
04-20 02:34 PM
Since we got conflicting/confusing answers we went to San Diego, parked our car at the border, walked across the border and walked back in with a new I-94. It was an easy process and took about an hour.
more...
hebron
06-23 08:25 AM
Mine is the same company that applied for EB2 in the first place
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
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Roger Binny
03-07 01:04 PM
This has been answered many times, it doesn't hamper existing EB3 case, only after EB2 140 approval USCIS links the old PD to existing 485.
more...
gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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shantak
02-29 04:57 PM
Same here, not received FP. Raised an SR but no use.
Hope it will not cause any issues during EAD and AP renewal
My case is at TSC and July 2007 filer
Hope it will not cause any issues during EAD and AP renewal
My case is at TSC and July 2007 filer
more...
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FinalGC
10-24 11:19 AM
I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
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superdude
07-20 02:17 AM
Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
All that you need is 140 recepit notice to file for 485 if you do not have the approval notice. e-notice should be fine.Please talk to your attorney.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
All that you need is 140 recepit notice to file for 485 if you do not have the approval notice. e-notice should be fine.Please talk to your attorney.
more...
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validIV
04-27 02:29 PM
You might be denied based on the 365 days rule. When was your labor filed?
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xela
11-20 09:10 AM
[QUOTE=PavanV;1128388] That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
more...
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jlt007us
09-14 01:20 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
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nk2006
08-04 10:02 AM
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.
This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.
On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.
Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.
This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.
On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.
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arunsush
02-01 11:31 AM
Anyone knows a good attorney in PA/NJ area? Though location is not that important but service is.
Check your PM.
Check your PM.
JunRN
06-02 06:18 PM
What happens when a new I-140 was filed but was denied, will USCIS consider the previously approved i-140 for the AOS (i-485)?
gc_on_demand
08-03 10:46 AM
See my new Signature..
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