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abhijitp
06-21 02:48 PM
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.
I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)
But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.
When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.
Comments/suggestions welcome.
Thanks!
Abhijit
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.
I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)
But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.
When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.
Comments/suggestions welcome.
Thanks!
Abhijit
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eldrick
08-16 01:53 PM
Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
sayantan76
07-21 08:51 AM
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
wow - thats a new one.......and really intriguing........one could argue that if a work can be done remotely - then why should the work be located in United States at all and hence - why the need for a visa? on the other hand - that would be totally counterproductive as companies would use the logic to outsource work outside the country and result in reduction in number of employees who pay US taxes.......
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
wow - thats a new one.......and really intriguing........one could argue that if a work can be done remotely - then why should the work be located in United States at all and hence - why the need for a visa? on the other hand - that would be totally counterproductive as companies would use the logic to outsource work outside the country and result in reduction in number of employees who pay US taxes.......
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Neocrack
04-17 12:03 PM
The Application for a new passport can be made within 12 months before the expiry of the passport.
http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3
At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.
http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3
At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.
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permgc
12-06 10:20 AM
Guys, I filed my I-131 online and I got receipt number LINxxx for Nebraska service center even though I reside and work in NorthEast region for which service center is Texas. My 485 application is pending at Nebraska center, so that might be the reason I got a receipt number for Nebraska center. On the confirmation reciept Nebraska center's address is listed for sending required documents.
I am not sure if I need to send the documents to Nebraska or Texas (as my residence falls under this center).
Could some knowledgable member throw some light on this?
Also, address is P.O.Box address, so can I use FedEx to send my documents or do I need to use USPS.
Reply would be greatly appreciated.
I am not sure if I need to send the documents to Nebraska or Texas (as my residence falls under this center).
Could some knowledgable member throw some light on this?
Also, address is P.O.Box address, so can I use FedEx to send my documents or do I need to use USPS.
Reply would be greatly appreciated.
IN2US
07-26 05:23 PM
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
That is correct.
That is correct.
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virald
08-14 12:13 PM
My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
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beemboy
10-31 10:33 AM
Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?
Did anyone go through this? Please let me know.
Did anyone go through this? Please let me know.
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hary536
05-19 03:17 PM
Hello Pappu, can you please move this post to the "Ask a Lawyer" forum. I intended to post it under that forum. But i think due to duplication you moved it to the other forum. Pls, post it to Attorney forum. I really need some advise in this case. Thanks.
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eyeswe
09-04 02:25 PM
While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
more...
sash
06-20 04:03 PM
OMG are you guys saying dont travel even in emergency situations?!!
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sriswam
06-29 03:36 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.
vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.
vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.
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walking_dude
10-25 03:47 PM
Indiana, wake up and smell coffee. Your neighbors in MI wish you good luck.
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perm2gc
12-20 01:34 AM
Hi,
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
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kishdam
03-25 09:33 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.
Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.
Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.
Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.
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eb3retro
09-09 05:23 PM
can you show me a single post in IV that states that they have travelled after applying for AP, and come back with an AP. May be I missed it.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
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Libra
09-14 04:00 PM
Pradhan is being interview on EBC radio....now
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Whats the 30,000? I'm not listening
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gparr
November 15th, 2007, 07:15 AM
I reformat my cards every time I put them back in the camera, which is after every time I dump files into my computer. In other words, some of my older cards have probably been reformatted 1,000 times or more. I have never had a problem. Brands are Ridata and Sandisk (various models).
I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.
Gary
I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.
Gary
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arnab221
01-25 02:46 PM
When it is piecemeal people say we want comprehensive reform.
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
Redeye
12-19 05:02 PM
During the July fiasco, lawyer applied first set on July 2nd and since we were n't sure if the application reached USCIS we put a yello cover sheet which said refiling because earlier 485 could be misplaced. Even after that, both first and second were accepted and I got EAD, FP and AP on the first one and EAD, FP on the second one. Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
bestin
12-21 08:45 PM
NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .
But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.
I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .
But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.
I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.
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