Tuesday, June 14, 2011

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  • austingc
    08-17 02:32 PM
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present

    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..


    This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.

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  • xbohdpukc
    03-11 09:58 AM
    But the point is - Has he/she said it can not be done at I-485?:confused:

    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

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  • yetanotherguyinline
    10-16 12:56 PM
    Me and my wife used AP at SF airport couple of months ago. The process was very smooth and IOs know exactly what to do with this document. However you will be sent to secondary and you will have to wait there for around 30 minutes (sounds like normal process everywhere else too).

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  • saileshdude
    04-16 11:23 AM
    Hi RareRFe,

    Can you post a scanned copy of your RFE here. You can take out all the personal info.


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  • vivache
    11-02 04:27 PM
    Thanks for all the responses.
    I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.

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  • ronhira
    02-19 03:33 PM
    when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....

    guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......


    when is fbi planning to arrest & question itgrunt......


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  • beppenyc
    04-09 03:36 PM
    Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
    No, so don`t worry...nothing will happen.

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  • satishbsk
    06-27 01:19 PM
    If you believe that you haven't received an approval notice (for example - you check the online system and it indicates that your case was approved and you have not received an approval notice), USCIS encourages you to submit an inquiry to the e-mail box: CSC.NoNotice@DHS.Gov. Please include your receipt number and/or your "A" number with your inquiry. USCIS expects to respond to email inquiries within 30 calendar days.

    Contributed $260 so far


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  • Bush
    03-10 10:33 PM
    URGENT -
    I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
    My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.

    Please let me know yr opinion.

    As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.

    Now I am not sure.

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  • lkapildev
    12-19 02:02 PM
    Jut get a notorized letter from a ex-employee preferable lead and manager. Also it would be nice if she/he gives it in letter head


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  • gbof
    01-10 05:45 PM
    Current Status: Card mailed to applicant.

    On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.


    Relax and just wait for the mail. Only Last Action Taken is valid.

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  • desi3933
    02-23 03:20 PM
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?

    Refer to my previous post on this thread.

    Not a legal advice


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  • Munshi75
    09-12 10:19 AM
    We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.

    Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.


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  • Mahatma
    06-04 12:47 PM
    You have 2 best possible scenario.

    1. OPT should give you 29 months window to apply for H1 or AOS (that is when PD becomes current for EB2 India). It doesn't hurt to start I-140 NIW process now.

    2. It may be a good idea to consider EB1 as well, although it may be very challenging. Approval under EB1 might make your AOS journey shorter.

    You could piggy-back on your H1 spouse's AOS if that is on-going.

    You could explore multiple options simultaneously. There is no bar. Just remember one thing though. F1 and OPT are non-immigrant intent statuses. Hence, timing of I-140 should be prudent. It is better to do I-140 petition after OPT approval. Check with your attorney. Good luck!


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  • bah9422
    10-17 08:20 PM
    you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.

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  • acecupid
    06-15 12:46 PM
    Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.


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  • rsayed
    02-21 08:53 AM

    This (the CIR being discussed in the Senate) has happened atleast twice in the past (as per my knowledge) - This is nothing new.

    It hasn't happened, till it's happened!!!

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  • ski_dude12
    12-02 03:46 PM
    First 485 for both of us.

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  • pappu
    07-22 10:50 AM
    It is a bit early. No checks will be cleared except the legal fee checks. :)

    03-20 04:04 PM
    i think any form of protest will get u arrested.. rally is a diff thing... ppl have to realise all these immigration benefits are a privilege and not a right... its just so plain unlucky that so many of us with Master's Degree were forced to file in EB3.

    Change of government is the only way. Bottom line is no one cares about us... cos we dont have a vote, we play the taxes, we pay SS/Medicare.. they know we will be here until we are forcefully pushed out....

    P.S: before anyone starts a question asking what i have done.. I'm a responsible "immigrant" and have done and will do whatever i can

    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.

    - good luck
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.


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