
prasadn
02-04 02:08 PM
:confused: Does anyone have multiple RFE for I-140? :confused:
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.
Thanks,
Prasad
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.
Thanks,
Prasad
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ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.

Coppertop
10-07 04:27 PM
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
can a mod please edit the poll as asked by Phat7
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ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
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dessoya
10-07 07:39 AM
i voted for coppertop ;)
props to all :love:
~:azn:
props to all :love:
~:azn:

stillhowlong
01-28 07:19 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
where can we get the SOC codes?
Thanks
SHL
where can we get the SOC codes?
Thanks
SHL
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Berkeleybee
03-22 04:36 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
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vedicman
01-03 09:20 AM
NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
more...

number30
06-29 03:45 PM
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
Talk to some senior guy in Humana. They have three templates. One of them has International Coverage in it. I had this problem in 2005. I was able to get the letter after talking his supervisor.
What are my options. Can you guys suggest where I can buy the insurance from.
Talk to some senior guy in Humana. They have three templates. One of them has International Coverage in it. I had this problem in 2005. I was able to get the letter after talking his supervisor.
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amitga
02-11 03:19 PM
Link not working for me
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dilipb
02-13 09:24 AM
I am EB3, Indian, PD Aug 2004.
This is stupid.
"PD should be current to apply for 485
and PD should also be current for them to approve my 485"
Yup, retrogression sucketh.
This is stupid.
"PD should be current to apply for 485
and PD should also be current for them to approve my 485"
Yup, retrogression sucketh.
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forgerator
08-20 02:34 PM
The only thing I can think of is to get hold of some relative or friend in Canada, send them $150, have them get the Scotia Bank receipts, and fedex them over to me.
more...
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The7zen
01-26 07:54 PM
Voted ????? How ? did u get a confirmation ?
Anyone care to answer this ????
Anyone care to answer this ????
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shukla77
01-19 09:01 AM
Filing Date: October 25 '06
Status Pending
--------------------------
Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.
Good Luck to all.
Status Pending
--------------------------
Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.
Good Luck to all.
more...
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immilaw
09-18 01:41 PM
Hi immilaw member,
Thank you for the response, but my situation is.....
1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.
So now my questions are....
a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?
b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?
Please suggest.
Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.
Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.
Don't worry about your H-1B. You should not have a problem with that.
Thank you for the response, but my situation is.....
1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.
So now my questions are....
a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?
b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?
Please suggest.
Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.
Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.
Don't worry about your H-1B. You should not have a problem with that.
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katneni2
08-03 12:37 PM
Thank you very much Karthik.Your email gave me lot of strength.I will keep posted.
more...
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canmt
10-26 11:00 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
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RNGC
02-15 03:33 PM
^
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provine
08-19 05:35 PM
I file pwd around the end of Feb this year. It's still pending. Anyone else is having the same issue? What can I do for this? Ask for tracking number from lawyer and call DOL? Please advise.
I am so frustrated...
I am so frustrated...
gctest
10-04 04:03 PM
wow.. u are making it personal... are u sure you wanna take it there?
I think i am not the first one to receive approval on a saturday... countless people have gotten that in the past. Come out of your mobile home and do some research before you make a statement like that.
Good, USCIS is working on saturday for you. You are lying again like you did for your visa?
I think i am not the first one to receive approval on a saturday... countless people have gotten that in the past. Come out of your mobile home and do some research before you make a statement like that.
Good, USCIS is working on saturday for you. You are lying again like you did for your visa?
Ramba
01-03 03:57 PM
USCIS process 485 based only on received date of 485. They dont consider PD, country of chargability, immigration class EB1 or EB2 etc, when processing/reviewing your file..
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.