sunny1000
11-29 08:15 PM
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Just out of curiosity, how can they issue intent to deny to an approved 140?
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Just out of curiosity, how can they issue intent to deny to an approved 140?
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ImmigrationAnswerMan
06-30 12:36 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Sakthisagar
04-06 02:56 PM
I think 3 years degrees and experience are ok for EB3 category.
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vin13
02-19 07:59 AM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
more...
andr.in
10-05 04:59 AM
Flash can crash too if you trace a bitmap and put the minimum area and color threshold values very small. It takes forever to trace 'em. And if you start doing something it crashes. :)
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
yabadaba
09-14 12:48 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
more...
senthil1
01-12 01:13 PM
You cannot use your Priority date if it is denied.
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...
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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aroranuj
08-19 10:05 PM
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
more...
deepimpact
09-21 11:50 AM
I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
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Leo07
10-21 04:51 PM
People are just wary about anti-immigrants lurking.
Best of Luck!
Best of Luck!
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yestogc
05-31 05:06 PM
sorry.............
Will Obama Follow his footsteps ?
Will Obama Follow his footsteps ?
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Hope_GC
07-17 07:47 PM
Really Thank and Appreciate Mr Gonzales.
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Dhundhun
10-14 03:16 PM
I have a few questions on using AP-
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Answers:
#1. A AP does not become invalid, because of overlapping dates or because you applied for new one. You are free to start journey and come back between the validity of an AP (for a reasonable duration for a reasonable reason).
#2. If you are on EB based AOS, stamp "Parolee up to ..." on AP is not significant. It does not affect status, if you stay beyond that stamped date.
#3. Never came across any one having problem in Mumbai. But in some European Countries, issues are there.
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Answers:
#1. A AP does not become invalid, because of overlapping dates or because you applied for new one. You are free to start journey and come back between the validity of an AP (for a reasonable duration for a reasonable reason).
#2. If you are on EB based AOS, stamp "Parolee up to ..." on AP is not significant. It does not affect status, if you stay beyond that stamped date.
#3. Never came across any one having problem in Mumbai. But in some European Countries, issues are there.
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roseball
02-11 05:32 PM
Hi everyone,
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.
more...
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gbof
05-01 07:42 AM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
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sunny1000
05-04 01:41 AM
Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".
It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.
Good luck with your trip!
more...
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immguser
03-27 05:01 PM
Hello,
I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.
With the new company hiring should i start the process all new? File new PERM right from the scratch?
Kindly advise.
Thanks,
Immuser
I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.
With the new company hiring should i start the process all new? File new PERM right from the scratch?
Kindly advise.
Thanks,
Immuser
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loveiv
06-18 05:11 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
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glus
02-05 02:16 PM
This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.
G
G
santosh_3000
07-18 01:27 PM
Friends .. Please reply/suggest as its very urgent to take decision. Thanks!!
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
adiboss007
04-16 01:29 PM
Dear Friends:
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
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