Thursday, June 9, 2011

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  • perm2gc
    08-28 10:41 AM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
    The DOl might have overlooked your case and you got approved..your education no way fits with your employment AD. Have a serious discussion with your attroney and employer.

    Good Luck!!!




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  • EB2ToEB3
    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.




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  • watzgc
    02-12 07:44 PM
    Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..

    Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
    Thanks lot again.




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  • popoye
    04-27 12:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.



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  • atlfp
    04-08 12:34 PM
    I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?

    Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....


    I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.

    If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.

    Doesnt the ombudsman report show all numbers even today? I thought they did.




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  • Sheila Danzig
    02-21 03:29 PM
    With all due respect to the Murthy Chat, the CA has been to the appeals office where they have found it equivalent to a BA.

    The following is from murthy.com site.

    Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?

    Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.

    http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search



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  • EB3_SEP04
    01-28 05:43 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.




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  • jskumar
    09-05 10:33 AM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance

    It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.



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  • amar123
    07-19 04:02 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

    Thanks,
    Amar.




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  • Becks
    02-17 04:51 PM
    It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.



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  • starscream
    01-13 12:40 PM
    Hi oaktree,

    My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.

    My company's lawyers were certain that the denial was in error and hence they filed MTR.


    Is there anyway of taking advantage of the old priority date application that was denied with a new application.
    If you make a new PERM application you cannot use your old priority date.

    Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.

    I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.


    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...




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  • Emo Love by ~SuicideNotex on


  • smodekurti
    05-20 07:51 AM
    How early did you file your application ?



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  • honge_kamyaab
    02-01 12:33 PM
    Is anyone here familiar with Canadian PR landing process. What does it mean
    to "land"?

    I got approved PR papers from Canada. They gave a deadline to land in Canada
    before which I am planning to go to Canada. I work in US now and plan to return after landing. How many days does it take to complete this process.

    Suggestions?

    Thanks in advance.




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  • glosrfc
    01-20 06:28 PM
    Strange, I'm not able to replicate the problem. All I can think of is that your mouse has lost focus on the SWF, perhaps due to the over-vigorous motion beforehand? Try clicking on the SWF to regain focus and see if slow moments work for you again.



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  • WeldonSprings
    05-01 09:22 PM
    Hi,

    When did you apply the card. Was it NSC or TSC and did you e-file.

    Thanks.

    They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
    "Card production ordered/Oath Document sent".

    It is just misleadig for a lot of people they can misread it as the PR card.




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  • supender
    12-28 07:55 AM
    Thanks



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  • martinvisalaw
    06-30 11:25 AM
    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?

    No, you can continue working in H-1B status, assuming this has not also been denied.




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  • PresidentO
    02-07 12:37 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.




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  • anjans
    07-10 08:15 PM
    Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?




    indianabacklog
    01-03 02:38 PM
    Folks,
    Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?

    I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.

    Thoughts?

    If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.

    If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.




    dilvahabilyeha
    08-09 01:53 PM
    Hi All,
    Now there are 3 possibilities for "alien receipt number" that is supposed
    to be written behind my photos to be included with I-485:
    -1- the filed i-140 receipt number
    -2- a number that appears in i-140 approved letter
    -3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")

    Any more clarifications on which one of the above three is actually "alien receipt number"?

    Thank you so much!
    Mtsaha


    :) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?



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