
vinodmp
02-11 11:45 AM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
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atlfp
04-26 08:35 AM
Nicely done

vshar
09-11 10:59 PM
Dear IvSlave,
you haven't updated your profile. Please update your profile like what is your chargeability ?
I bought a house in Mar 2008 with doomed PD of July 2006 EB3-I but I don't care and want to enjoy what I have or can do. Its my personal choice as some ppl mentioned earlier.
you haven't updated your profile. Please update your profile like what is your chargeability ?
I bought a house in Mar 2008 with doomed PD of July 2006 EB3-I but I don't care and want to enjoy what I have or can do. Its my personal choice as some ppl mentioned earlier.
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pani_6
06-18 01:47 PM
If you have plans to travel...could you go to the local INS office and get the AP??.AP is very important too if you are travelling
more...

pdx_Soft_Eng
02-26 05:36 PM
Just made my contribution... I am in the middle of applying for LC, not sure if I will be able to eliminate all the applicants but I know so much about the issues for foreign nationals and I am so happy to see some professionals handling our case. I hope this time the bill will pass...

pa_arora
07-20 06:11 PM
I think its already failed. Needed 60 votes to pass and 5 didnt vote(i guess they dont wait for the people who were absent while voting)
more...

HRPRO
02-23 04:20 PM
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.
HRPRO
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.
HRPRO
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javadeveloper
12-31 03:05 PM
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.
I'll have to wait for few more hours to prove.
I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.
I'll have to wait for few more hours to prove.
more...

chanduv23
11-08 10:41 AM
There is nothing wrong in wishing well to other fellow members on a festive occasion. Its just that its the wrong forum to do so.
And besides this thread was started by a member and not a moderator or senior IV staff, hence its his personal view so please do not accuse IV of being partial to any particular race or ethnicity.
Please don't draw this fight out of proportion and stay focussed on our mission.
Everyone has the right to speak and if other Nationalities want to wish their fellow countrymen on their festivals they should be allowed to do so. Also, under the same protection of free speech if anyone on the forum does not agree with someone's coments they should be able to rebut and criticise them.
Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.
And besides this thread was started by a member and not a moderator or senior IV staff, hence its his personal view so please do not accuse IV of being partial to any particular race or ethnicity.
Please don't draw this fight out of proportion and stay focussed on our mission.
Everyone has the right to speak and if other Nationalities want to wish their fellow countrymen on their festivals they should be allowed to do so. Also, under the same protection of free speech if anyone on the forum does not agree with someone's coments they should be able to rebut and criticise them.
Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.
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garybanz
12-06 02:35 PM
I think we need to wait for 90 days from the date they generated the recipt, then go to USCIS.
Did any one go there after 90 days of receipt date and still get no response from them?
Thanks
Did any one go there after 90 days of receipt date and still get no response from them?
Thanks
more...

sledge_hammer
03-19 10:44 AM
I have to agree. One has to be extra careful in such matters as it is a tendency of the "majority" to always point fingers at the "minorities" by generalization. What some may think of as advice in a shoplifting case could be very easily misinterpreted as "support" in the eyes of the antis.
Moreover, the OP has not once been apologetic to his actions rather he is trying to rationalize his actions by accusing everyone of stealing office supplies.
I have stayed away from answering to his post as you can already see!
You are trying to defend a criminal and thus some people objected to it. Crimes by immigrants, whatever they maybe bring bad repute to their country and the immigrant community.
Moreover, the OP has not once been apologetic to his actions rather he is trying to rationalize his actions by accusing everyone of stealing office supplies.
I have stayed away from answering to his post as you can already see!
You are trying to defend a criminal and thus some people objected to it. Crimes by immigrants, whatever they maybe bring bad repute to their country and the immigrant community.
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somegchuh
10-17 01:54 PM
Well my story isn't really as bad some of the stories described here but the last 4 years of waiting for the freaking LC to clear has pretty much screwed up my wife's career. There have been days of utter frustration, fight and bad days for us because of the "dependent" visa.
Its not like my job is great either. I am stuck in the same position for the last 5 years because of the freaking labor certification. Looks like I will be stuck for another couple of years. If I bail out now and leave for India it will be hard to find a suitable position because I have been unable to move up because of GC and at the same time my wife will have the impossible task of finding a job after 4 years of unemployment.
For this reason I am wiling to gamble at least another year or two, so that my wife can work and I can get a better job and then we can start thinking about where we really want to settle :) Gosh, never knew trying to settle in US with a GC will be so unsettling :(
Its not like my job is great either. I am stuck in the same position for the last 5 years because of the freaking labor certification. Looks like I will be stuck for another couple of years. If I bail out now and leave for India it will be hard to find a suitable position because I have been unable to move up because of GC and at the same time my wife will have the impossible task of finding a job after 4 years of unemployment.
For this reason I am wiling to gamble at least another year or two, so that my wife can work and I can get a better job and then we can start thinking about where we really want to settle :) Gosh, never knew trying to settle in US with a GC will be so unsettling :(
more...
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krithi
08-19 04:22 PM
There are no bills being discussed. House as well as senate are on recess and will convine after Sept 10th. After it reconvenes, between 10th sept and Oct 8th - it has a lot of tasks at hand, and no apetite for any big and controversial issues like immigration. Mid term elections are in early nov and nobody wants controversial bills debated just before that. Morover it has been made clear that GOP does not want any immigration bills except "fencing the border". Democrats do not have required votes for cloture.
So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.
August/Labor Day Recess
House - August 9 � September 12
Senate August 9 � September 10
Target Adjournment:
House - October 8
Senate - TBD
So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.
no please donot do that there shouldnt be any recapture
So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.
August/Labor Day Recess
House - August 9 � September 12
Senate August 9 � September 10
Target Adjournment:
House - October 8
Senate - TBD
So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.
no please donot do that there shouldnt be any recapture
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nixstor
10-10 04:28 PM
The Schedule A Workers category has become oversubscribed for November and a cut-off date established to hold number use within the 50,000 numerical limit. It is expected that demand will bring allocations up to the program limit during November. Once the limit is reached no further allocations will be possible, and the category listing will be removed from future cut-off date tables.
A PD for Schedule A category is for those people filing under EB2 with exceptional skills in arts and sciences . We had a post recently. Nurses and PT's do not have PD's as they do not have to file Labor Cert in the first place.
A PD for Schedule A category is for those people filing under EB2 with exceptional skills in arts and sciences . We had a post recently. Nurses and PT's do not have PD's as they do not have to file Labor Cert in the first place.
more...
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gvenkat
03-19 05:08 PM
Shop lifting has to be the most cheapest crime our indians commit when they land here.. They think the stores dont have anything and try to put it in their pocket and go away..
This is not an accident. there is no justification for what this guy has done. but maybe he can be given a benefit of the doubt that he did a stupid thing, in the rush of blood. I dunno if he inadvertently tried to put something in his pocket , forgot and left the store...if that is the case the guy deserves a break...
if not i cant fathom the fact that a sane person who took so much effort to get here thro F1 or H1 or what not, had this cheap idea... :eek::eek::eek::eek:
I read in one of the posts that they forgot to bill that item and could have been caught. Most cases if u are buying so many items and miss one they will leave u...
BTW, i'm curios as to what u shoplifted and where...? :(
This is not an accident. there is no justification for what this guy has done. but maybe he can be given a benefit of the doubt that he did a stupid thing, in the rush of blood. I dunno if he inadvertently tried to put something in his pocket , forgot and left the store...if that is the case the guy deserves a break...
if not i cant fathom the fact that a sane person who took so much effort to get here thro F1 or H1 or what not, had this cheap idea... :eek::eek::eek::eek:
I read in one of the posts that they forgot to bill that item and could have been caught. Most cases if u are buying so many items and miss one they will leave u...
BTW, i'm curios as to what u shoplifted and where...? :(
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21stIcon
02-19 04:35 PM
Not that you know , you should have bought it before or you should have done through research before wasting others time.
I have 7 polices with LIC in India, One 700k term life with prudential and 300k whole life for my wife, but whole life in US Prudential is bad experience with one of well known company then done research on this topic. Whole life insurance policy all over the world has surrender charges(including LIC in India). you would not get full benefit if you do not complete 10/20/30 years term on your policy,you would get part of your money and loosing a lot.
I have 7 polices with LIC in India, One 700k term life with prudential and 300k whole life for my wife, but whole life in US Prudential is bad experience with one of well known company then done research on this topic. Whole life insurance policy all over the world has surrender charges(including LIC in India). you would not get full benefit if you do not complete 10/20/30 years term on your policy,you would get part of your money and loosing a lot.
more...
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pani_6
06-28 02:23 PM
See what the last para of the memo says....
During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.
"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions
During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.
"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions
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met3259
10-12 05:00 PM
Nelsonagn / or anyone else:
Can anyone with some indepth knowledge predict availability for EB3 Rest of world (Canada). Here is some of what I understand - although I know it may be wrong (some infor from Shusterman site)....
- 300,000 applicants in BEC
- assume 200,000 get through
- assume 1/2 have a spouce and 1 child
- therefore need 400,000 visa numbers (Shusterman had 300K here, I think they are wrong??? - pls check my math)
- now most EB immigrants are from China & India (half?????) - restricted to 7% of the annual 140,000 EB visas annually
- all* applicants up to first half of 2002 are "gone" - *except for ones in BEC = how many????????????
- AND if rest of world is 200,000 people in line for 120,000 visas annually (140,000 - 7% China - 7% India)
- now people in line go from 2001 - mid 2005 in BEC??????; but very few 2001 & 2002s left????
- thus: rest of world with PD of March 2004 - should get visa availability within this fiscal year - e.g. by Oct 2007????
PLEASE!!!!
Anyone correct / comment / add indepth thoughts / logical predictions
ALSO - my attorny just wrote me this:
FYI: I was at an immigration meeting yesterday where we were told that
CIS is considering the possibility of granting a work permit to H-4
spouses. However, I don't believe it will happen anytime soon, but if a
new policy comes out that will enable your wife to work, we will get in
touch with you. In terms of the visa number availability, it's simply
difficult to say when that will happen.
__________________
ETA Case Number: D-05193-15XXX
State : CA
C of O: Rest of the World
Processing Type : RIR/EB3
Priority Date : 03/04/2004
RD: Never got there
Case Source : State
Processing Center : Dallas Backlog Elimination Center
Case Status : Data Review 7/12/05 (From screen shot 10/13/05)
45-Day Letter Received: 04/18/2006
45-Day Letter Replied: 04/19/2006
Final Determination: Approved:letter dated 05/09/06
Labor Cert received 05/15/06
Can anyone with some indepth knowledge predict availability for EB3 Rest of world (Canada). Here is some of what I understand - although I know it may be wrong (some infor from Shusterman site)....
- 300,000 applicants in BEC
- assume 200,000 get through
- assume 1/2 have a spouce and 1 child
- therefore need 400,000 visa numbers (Shusterman had 300K here, I think they are wrong??? - pls check my math)
- now most EB immigrants are from China & India (half?????) - restricted to 7% of the annual 140,000 EB visas annually
- all* applicants up to first half of 2002 are "gone" - *except for ones in BEC = how many????????????
- AND if rest of world is 200,000 people in line for 120,000 visas annually (140,000 - 7% China - 7% India)
- now people in line go from 2001 - mid 2005 in BEC??????; but very few 2001 & 2002s left????
- thus: rest of world with PD of March 2004 - should get visa availability within this fiscal year - e.g. by Oct 2007????
PLEASE!!!!
Anyone correct / comment / add indepth thoughts / logical predictions
ALSO - my attorny just wrote me this:
FYI: I was at an immigration meeting yesterday where we were told that
CIS is considering the possibility of granting a work permit to H-4
spouses. However, I don't believe it will happen anytime soon, but if a
new policy comes out that will enable your wife to work, we will get in
touch with you. In terms of the visa number availability, it's simply
difficult to say when that will happen.
__________________
ETA Case Number: D-05193-15XXX
State : CA
C of O: Rest of the World
Processing Type : RIR/EB3
Priority Date : 03/04/2004
RD: Never got there
Case Source : State
Processing Center : Dallas Backlog Elimination Center
Case Status : Data Review 7/12/05 (From screen shot 10/13/05)
45-Day Letter Received: 04/18/2006
45-Day Letter Replied: 04/19/2006
Final Determination: Approved:letter dated 05/09/06
Labor Cert received 05/15/06
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nivasch
01-16 02:34 PM
Hi,
I just payed $50 thru Paypal.
Thanks for your great Efforts
Thx,
nivas
I just payed $50 thru Paypal.
Thanks for your great Efforts
Thx,
nivas
priderock
04-11 11:34 AM
Why don't you setup "Just an Indian" forum so other nationals don't need to participate anymore.
I was talking about this THREAD NOT FORUM.
ps: This is my last post in this thread. (perhaps forum)
I was talking about this THREAD NOT FORUM.
ps: This is my last post in this thread. (perhaps forum)
hanu_78
10-01 07:40 AM
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.