mnkaushik
03-02 11:31 AM
I think mom's in the forum can answer this better since i am sure many of them took short term disablity during delivery and subsequent months. My wife took it twice for the birth of our children and I dont think it is an issue.
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GMKrishna
08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
binadh
01-14 02:06 PM
yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.
Thanks Marphad. BTW, do you have any idea what could they possibly ask for 485. I provided everything they've asked for when I first filed the case. If not, I guess I'll find out in a few days.....
Thanks Marphad. BTW, do you have any idea what could they possibly ask for 485. I provided everything they've asked for when I first filed the case. If not, I guess I'll find out in a few days.....
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karthiknv143
05-14 01:11 AM
TSC is not processing most EB3 I485. This is not supposed to be revealed publicly. It is wrong, so that's why I'm speaking out.
Nice nick name :)
Nice nick name :)
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GrzKax
10-07 01:10 PM
Why are you fiddeling with photoshop? You might as well become a makeup artist! :P
Immqry
03-21 03:55 PM
Hi,
My I-485 currently pending which was filed based on Approved I-140 (employment based).
My sister also had filed I-130 (Petition for Relative) on my behalf, whose priority date has become current
in last Aug 2009.
My Attorney had sent letter to USCIS requesting to Transfer my pending AOS from Employment to Family based,
(AOS Interfilling) in november 2009. She sent another letter in Jan 2010.
I called USCIS three times to find out the status on my application. My attorney has also called two times.
There is no change in my status at all, the USCIS don't even confirm that they have received any letter for
Interfiling my application.
They tell me to call the service center where the letter was sent. Is this possible ?
When my Attorney sent the AOS Interfilling Letter, She did not send I-864 (Affidavit of Support)
with the Letter. When I Asked her, she said as per parson's memo only the letter is required. Is she correct ?
If anybody has similar case, please advise me.
I don't know what to do ??? Should I wait for the response from USCIS ? , should I Change the Attorney
or Should I take Infopass Appointment.
It has already been four months since my attorney has sent letter, and I don't see any progress from USCIS.
someone plase help me.
Thanks
My I-485 currently pending which was filed based on Approved I-140 (employment based).
My sister also had filed I-130 (Petition for Relative) on my behalf, whose priority date has become current
in last Aug 2009.
My Attorney had sent letter to USCIS requesting to Transfer my pending AOS from Employment to Family based,
(AOS Interfilling) in november 2009. She sent another letter in Jan 2010.
I called USCIS three times to find out the status on my application. My attorney has also called two times.
There is no change in my status at all, the USCIS don't even confirm that they have received any letter for
Interfiling my application.
They tell me to call the service center where the letter was sent. Is this possible ?
When my Attorney sent the AOS Interfilling Letter, She did not send I-864 (Affidavit of Support)
with the Letter. When I Asked her, she said as per parson's memo only the letter is required. Is she correct ?
If anybody has similar case, please advise me.
I don't know what to do ??? Should I wait for the response from USCIS ? , should I Change the Attorney
or Should I take Infopass Appointment.
It has already been four months since my attorney has sent letter, and I don't see any progress from USCIS.
someone plase help me.
Thanks
more...
AllVNeedGcPc
05-21 10:33 AM
As long as you have your returning documents, i.e. AP for yourself and valid unexpired visa for your wife you should be OK.
Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.
We used it when we did our landing back in 2008.
Hello
My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B
We will need to Travel to Canada for Immigrant Landing formalities after we get PR.
How can we enter back in US so that my AOS and her H1B Status is not affected?
Thanks
Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.
We used it when we did our landing back in 2008.
Hello
My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B
We will need to Travel to Canada for Immigrant Landing formalities after we get PR.
How can we enter back in US so that my AOS and her H1B Status is not affected?
Thanks
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martinvisalaw
12-16 05:14 PM
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
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go2roomshare
03-29 04:57 PM
What I don't understand is why you are filing another I-140 when you already filed I-485? In any case you can use AC21 only after your 485 has been pending for more than 180 days.
For PD porting you need to file I 140
For PD porting you need to file I 140
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docp
04-07 10:43 AM
Does the employer pay or we have to shell out our own. Also does the 1010 include the spouse also or we have to pay additional 1010.
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Blog Feeds
09-11 12:00 PM
The Council of Graduate Schools (CGS) issued an August 20, 2009 press release, reporting a decline in offers of admission from U.S. graduate schools to prospective foreign students. This is the first decline in the rate of offers to foreign students since 2004.
While these significant reductions affected the overall decline in foreign student enrollment, the number of offers of admission to students from the People's Republic of China grew at a rate of 13 percent. The CGS press release indicates that this was the fourth year in a row of double-digit growth in the number of students from China offered admission to U.S. graduate schools.
With the up coming biggest education Expo in China (http://www.phdchina.org/english/index.shtml), the US is the country of Honour at this show. This is a clear sign that Chinese students are looking at the US as the main destination for studies and future opportunities.
There is a significant economic contribution made by foreign students in tuition and related expenditures, as well. Generally, a foreign student is required to pay tuition at the much higher out-of-state rate, even when attending a state school. The potential of Chinese students boosting the economy is significant and should not be ignored. Even Consular officers realize this factor and student visa (http://www.h1b.biz/lawyer-attorney-1137176.html) issuance to Chinese students has increased by 40% according to a recent survey.
More... (http://www.visalawyerblog.com/2009/09/f1_visas_foreign_enrollment_in.html)
While these significant reductions affected the overall decline in foreign student enrollment, the number of offers of admission to students from the People's Republic of China grew at a rate of 13 percent. The CGS press release indicates that this was the fourth year in a row of double-digit growth in the number of students from China offered admission to U.S. graduate schools.
With the up coming biggest education Expo in China (http://www.phdchina.org/english/index.shtml), the US is the country of Honour at this show. This is a clear sign that Chinese students are looking at the US as the main destination for studies and future opportunities.
There is a significant economic contribution made by foreign students in tuition and related expenditures, as well. Generally, a foreign student is required to pay tuition at the much higher out-of-state rate, even when attending a state school. The potential of Chinese students boosting the economy is significant and should not be ignored. Even Consular officers realize this factor and student visa (http://www.h1b.biz/lawyer-attorney-1137176.html) issuance to Chinese students has increased by 40% according to a recent survey.
More... (http://www.visalawyerblog.com/2009/09/f1_visas_foreign_enrollment_in.html)
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melody_me
12-04 10:08 AM
I had a lot of emotional and financial distress upon my graduation and I didn't get to apply for OPT. What do I do?
I mean I know I need to go speak with the dept that handles intl students in my school?
But, like, any pointers or information to please assist me?
Any constructive information/help, will be useful!
Also, I am looking into getting into graduate school within the next yr to yr and half!
I mean I know I need to go speak with the dept that handles intl students in my school?
But, like, any pointers or information to please assist me?
Any constructive information/help, will be useful!
Also, I am looking into getting into graduate school within the next yr to yr and half!
more...
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cr125rider
04-24 10:40 PM
I like how it is really 2, quite different from the rest
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kak1978
02-17 05:27 PM
It is a good idea to contact the international student office in your university. But I have seen people using up their OPT without being employed.
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lazycis
04-16 08:44 PM
Employer cannot withdraw your I-485 without your consent and signature, notwithstanding G-28 form.
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xyz
06-14 06:39 PM
Interesting findings in the USCIS Ombudsman report - 2007.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
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mnq1979
08-31 12:58 PM
is there any one who got the interview notice, even after replying to RFE.
My RFE was to prove my legal status and my wife was to provide the BC.
My RFE was to prove my legal status and my wife was to provide the BC.
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VivekAhuja
02-20 03:42 PM
The US consulates are well designed and no matter how old the person is - they will direct your mother and let her know exactly what is needed to be done. No Worries!
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memyselfandus
04-21 09:09 PM
Was it paper based filing?
qtoask
08-21 01:45 PM
Thank you.
Looks like neither junior members nor founder's/senior members not interested here. we can close this thread.
I do agree. In fact, some of the IV founders also received their GC :D. I hope they will consider this request to help others with our past experiance.
Thanks
Looks like neither junior members nor founder's/senior members not interested here. we can close this thread.
I do agree. In fact, some of the IV founders also received their GC :D. I hope they will consider this request to help others with our past experiance.
Thanks
ashkam
04-21 04:38 PM
Like RNGC said, once you're in parolee status, I94 expiration date is irrelevant. You are in valid status until your I-485 gets approved or denied.
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