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houston2005
04-01 06:29 PM
sent both faxes
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kaisersose
06-05 03:27 PM
Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time.
Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.
I don't think they have any interest in making their system look better. It is what it is.
Check the Family based 4th Category for Phillipines. It is stuck in 1986 for a long time now. That is they have pending applications from 22 years ago.
I don't think they have any interest in making their system look better. It is what it is.
gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
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eilsoe
02-16 06:10 PM
voting ended, thread died :-\
what gives??
oh, Soul, thx for the battle ;)
it was scary in the end...
what gives??
oh, Soul, thx for the battle ;)
it was scary in the end...
more...
shantak
08-23 09:00 AM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
lost_in_migration
05-29 04:31 PM
And I thought it could not be worse than what we already got :(
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
more...
mrane1
10-15 06:42 AM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Hey thats not fair... everyone has their own problems and they are discussing... It was your luck... thats all... If you had gotten a chance to file 485 you too would be discussing about EAD and AP... I came to US in 95.., filed my first Labor in 2000... got laid off in 01... started my labor process with 2nd company... the company shut down!! filed 3rd labor in 2003... All this time the 485 was current all the way till sept 30th 2005... But I was stuck in PBEC... Labor cleared 1 week after retrogression in 2005! Finally filed in June 07... got GC 3 days after finger printing! thats life... you just do what you have to do and move on!
Hey thats not fair... everyone has their own problems and they are discussing... It was your luck... thats all... If you had gotten a chance to file 485 you too would be discussing about EAD and AP... I came to US in 95.., filed my first Labor in 2000... got laid off in 01... started my labor process with 2nd company... the company shut down!! filed 3rd labor in 2003... All this time the 485 was current all the way till sept 30th 2005... But I was stuck in PBEC... Labor cleared 1 week after retrogression in 2005! Finally filed in June 07... got GC 3 days after finger printing! thats life... you just do what you have to do and move on!
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hpandey
11-10 01:56 PM
This is true and the only one working actively working for our cause. If this organization is not succeeding to its full potential, its only because high skilled immigrants did not support it to the extent they could. Everyone wants to know what IV acheived - with $175???
you can get an idea of contributions from the ticker on the top of this page -
"Goal amount for this month: 10000 USD, Received:"
The illegal lobby is picking up an average of a few hundred thousand dollars each month - result CIR, Dream, lawsuits and support in Media and chambers of govt.
The other part is getting public support, which I feel we already have. breaking news (apologies to faux haters):
Texas Goes for Arizona-Style Immigration Law - Arizona Immigration Law - Fox Nation (http://nation.foxnews.com/arizona-immigration-law/2010/11/10/texas-goes-arizona-style-immigration-law)
Tony -
As you say that the illegal immigrant lobby gets hundreds of thousands of dollars per month. Do you think any illegal immigrant is contributing this money. They work for minimum wages and have hardly any money to spare.
I think most of the money comes from businesses that employ these people to cut costs. We don't have any such resource. So I don't think IV not getting enough donations can be blamed on IV users.
I have donated as much as I can without getting my budget in jeopardy with all the mortgage , taxes, "health insurance " .medicare, car payments etc etc that we have to deal with.
Another point I think is that even if IV had a couple of million dollars I don't think it will be able to pursuade the Congress to pass any legislation to bring relief to legal immigrants considering the mood of the people in the Congress . No one would like to hurt their political career with voting for us in the Congress. The politicians do only lip service whether for illegal or legal immigrant bills. They have zero interest in seeing them passed in the Congress.
you can get an idea of contributions from the ticker on the top of this page -
"Goal amount for this month: 10000 USD, Received:"
The illegal lobby is picking up an average of a few hundred thousand dollars each month - result CIR, Dream, lawsuits and support in Media and chambers of govt.
The other part is getting public support, which I feel we already have. breaking news (apologies to faux haters):
Texas Goes for Arizona-Style Immigration Law - Arizona Immigration Law - Fox Nation (http://nation.foxnews.com/arizona-immigration-law/2010/11/10/texas-goes-arizona-style-immigration-law)
Tony -
As you say that the illegal immigrant lobby gets hundreds of thousands of dollars per month. Do you think any illegal immigrant is contributing this money. They work for minimum wages and have hardly any money to spare.
I think most of the money comes from businesses that employ these people to cut costs. We don't have any such resource. So I don't think IV not getting enough donations can be blamed on IV users.
I have donated as much as I can without getting my budget in jeopardy with all the mortgage , taxes, "health insurance " .medicare, car payments etc etc that we have to deal with.
Another point I think is that even if IV had a couple of million dollars I don't think it will be able to pursuade the Congress to pass any legislation to bring relief to legal immigrants considering the mood of the people in the Congress . No one would like to hurt their political career with voting for us in the Congress. The politicians do only lip service whether for illegal or legal immigrant bills. They have zero interest in seeing them passed in the Congress.
more...
satishku_2000
07-13 05:57 PM
I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic is not applied for legal kids.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic is not applied for legal kids.
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GC_SUCK
07-19 02:19 PM
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
more...
chanduv23
07-02 04:19 PM
Legal fee (Myself and wife) = $1000 + $500 + $100 (expenses) = $1600
Medical = $ 300
Photos + Stationary + Other expenses = $ 200
Total = $2100
Medical = $ 300
Photos + Stationary + Other expenses = $ 200
Total = $2100
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GCaspirations
09-19 12:18 PM
My 485 application was received by USCIS at Nebraska Center on July 06, 2007 per the tracking receipt. My attorney received the receipts intrestingly from California service Center with receipt date July 06, 2007. I received a transfer notice from California Service Center dated Sept 12, 2007, with receipt date as Sept 04, 2007. Also the check was cashed on Sept 06, 2007.
Should I worry about the receipt date on the transfer notice?
Would this delay my processing of 485?
Please advice.
Should I worry about the receipt date on the transfer notice?
Would this delay my processing of 485?
Please advice.
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glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
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dtekkedil
07-06 10:04 PM
I never thought that working for a contractor was something bad!! In fact, I was thinking that contracting is better than working full time! Am I missing something here???
I mean think about it... you get to work on different projects and you get to learn new stuff, new environments, new people!
Stay as a full timer and you don't grow (well not like a contractor anyways!). All in all, I think it takes more effort to be a contractor!
I guess it is a career choice! I personally would rather be a contractor!
I mean think about it... you get to work on different projects and you get to learn new stuff, new environments, new people!
Stay as a full timer and you don't grow (well not like a contractor anyways!). All in all, I think it takes more effort to be a contractor!
I guess it is a career choice! I personally would rather be a contractor!
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santb1975
01-23 12:16 AM
we have over 25000 members and it has been 2 weeks but we are still waiting to reach 300 :-(
I don't get it!!
~300 people came forward to raise $30000 in one week.
Not even 100 people voted that they have sent their letters? Something's not right.
I don't get it!!
~300 people came forward to raise $30000 in one week.
Not even 100 people voted that they have sent their letters? Something's not right.
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chanduv23
07-08 04:46 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
more...
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xela
01-15 10:05 AM
sent letter to WH and copy to IV
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akred
07-14 07:47 PM
Its not only for illegals but its also for kids of legals that aged out due to retrogression or backlogs in visas...plz don't be selfish with view points like "it doesnt help us so im gonna oppose it"....instead help the children who aged out due to the visa backlogs!!! Read what Greg Siskind wrote:
FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.
On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.
Posted by: Greg Siskind | July 14, 2007 at 05:24 AM
Aging out does not mean that you become illegal. I suspect you are from Alipac or NumbersUSA trying to bait IV into supporting something to do with illegal immigration.
FYI - You can read the bill at http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075: . Note that it applies to kids who entered illegally and kids who entered legally but became illegal later.
On the 245(i) question, unfortunately I have heard nothing about this being reintroduced any time soon.
Posted by: Greg Siskind | July 14, 2007 at 05:24 AM
Aging out does not mean that you become illegal. I suspect you are from Alipac or NumbersUSA trying to bait IV into supporting something to do with illegal immigration.
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RandyK
06-10 10:36 PM
Can anyone care to take a guess at this please. Especially seniors who are pretty familier with the backlog.
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
heywhat
06-17 12:00 AM
I support this campaign. My 3-4 friends moved on to EAD because of just visa re-validation(rejection) fear.
Nikith77
06-01 10:23 AM
Done
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