nick2deep
02-23 06:39 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Please advice if I should refile with education evaluation from anothe agency.
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gcformeornot
01-20 01:19 PM
filing. Only old employer or his lawyer can get information.
I have seen people using FOIA to get 140 info... but it takes longer time....
I have seen people using FOIA to get 140 info... but it takes longer time....
aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
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nmdial
10-16 05:21 PM
Please, count me in.
more...
andhrawala
01-30 09:48 AM
Thanks for the correction.
But in this case, since the person is working on EAD for the last 7 years, can she apply for a new H1B?.
I think she needs to be outside the country for 1 year and then apply H1.
But in this case, since the person is working on EAD for the last 7 years, can she apply for a new H1B?.
I think she needs to be outside the country for 1 year and then apply H1.
go_guy123
10-27 03:51 PM
Illinois Congressman: Immigration Reform Cannot Wait : NPR (http://www.npr.org/templates/story/story.php?storyId=114199526)
President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.
Gutierrez is panicking on something that we already know: CIR is dying. As CIR gets delayed, its chances diminishes with the approaching election year (2010).
Gutierrez is from a high-immigrant area of Chicago (Cook County) but it will cost massively for Democratic party in the purple states. Democratic party will never
risk its fortunes over the tantrums of Gutierrez.
Gutierrez knows that if CIR keeps failing again and again then piecemeal will start gaining traction. Then his amnesty dreams for illegals will be up in smoke.
President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.
Gutierrez is panicking on something that we already know: CIR is dying. As CIR gets delayed, its chances diminishes with the approaching election year (2010).
Gutierrez is from a high-immigrant area of Chicago (Cook County) but it will cost massively for Democratic party in the purple states. Democratic party will never
risk its fortunes over the tantrums of Gutierrez.
Gutierrez knows that if CIR keeps failing again and again then piecemeal will start gaining traction. Then his amnesty dreams for illegals will be up in smoke.
more...
gc_aspirant_prasad
11-14 09:13 PM
Bump
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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hope_2007
03-28 02:50 PM
Hi all,
I do not know the timing but you may try calling right now, an automated message asks you to choose between senators(to whom you would like to send your voice) and you are then asked to leave message to the representative stating that you "Support the CIR".
Thanks ...
I do not know the timing but you may try calling right now, an automated message asks you to choose between senators(to whom you would like to send your voice) and you are then asked to leave message to the representative stating that you "Support the CIR".
Thanks ...
more...
LostInGCProcess
09-02 10:53 AM
^^bump^^
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rbkrao
06-29 10:07 PM
The victim was an immigrant like us and became a naturalized citizen here.
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).
more...
ArkBird
06-30 02:32 AM
Why you are concerned? Even my wife opened the company and doing business.... That's what EAD is for....
Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.
Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.
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wikipedia_fan
04-09 03:47 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
140 can be denied for various reasons. These days, 140 is getting denied for Ability to pay or educational qualifications and job description mismatch and so many other things.
Unless you get the letter in hand, you may not be able to know the reason for denial. 140 denial goes to employer and Attorney. So contact them and they will know.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
140 can be denied for various reasons. These days, 140 is getting denied for Ability to pay or educational qualifications and job description mismatch and so many other things.
Unless you get the letter in hand, you may not be able to know the reason for denial. 140 denial goes to employer and Attorney. So contact them and they will know.
more...
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cnag
10-13 08:41 AM
Folks, I have received a notice from USCIS stating the following:
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
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kate123
08-22 04:59 PM
http://timesofindia.indiatimes.com/US_faces_reverse_brain_drain_says_study/articleshow/2302417.cms
more...
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Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
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shan74
01-11 08:41 PM
i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."
Let me know if i am wrong
Let me know if i am wrong
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amitpan007
10-10 11:35 AM
I did it about 10 days before scheduled date in July. Went around 2 PM. The guy at front desk was reluctant but let me in due to my case being genuine pregnancy after discussing with supervisor.
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gcformeornot
07-25 04:31 PM
Come on people please vote....
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nat23
12-11 09:48 AM
I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
vallabhu
08-18 09:15 PM
Thanks for your replies guys
This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.
This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.
Sakthisagar
11-15 10:18 AM
Everybody wants to do something about Legal immigration, but the fact is when unemployment in The USA is still 9.6 %, No immigration bill will pass whatsoever. there is chance on Lame duck session. Unless there is some Political gimmick ...
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