shalinip
03-17 12:41 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
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andy garcia
02-23 11:05 AM
Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
You are missing this:
The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
You are missing this:
The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).
senthil1
01-07 11:02 PM
Most SAP jobs are stressful. SAP Functional consultant jobs does not require heavy coding but most jobs are stressful and also contract jobs are uncertain and short but can get good rates
I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.
I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.
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ItIsNotFunny
10-27 03:52 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.
I Wish God Give me Strength to Fight Legal Immigration Injustice.
When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad
So, I know god is with me.
Wish all so deserved people Green Card this year.
more...
amulchandra
05-11 10:41 AM
Hi all,
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
FredG
May 1st, 2005, 07:27 PM
Spinning wheels on your 3rd and 4th shots in particular, with a blurred background, would give a very clear feeling of a dirt bike roaring into the air and the expectation of a dirt-spewing landing.Actually, he did get just that. But he was panning so fast that it took several hours for the blur to catch up with the rest of the image.
more...
lostinbeta
10-21 02:19 AM
Oh, I gotcha.... your a dead head. Did you decorate a cake like that? (I believe that was the pic in the Tell Us thread)?
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anoopraj2010
08-04 12:42 PM
Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.
anoopraj2010
you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
more...
rampabbaraju
02-09 07:47 PM
When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.
I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
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satishku_2000
08-01 04:01 PM
How long it would take for me to know whether USCIS is accepted the response or not .. What is the process for MTR? Do USCIS issue NOID if they dont accept the response?
more...
JunRN
11-05 08:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
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Anders �stberg
May 2nd, 2005, 07:54 AM
Thanks Kevin! Trial and horror it is then . :-)
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krishna_brc
02-09 05:17 PM
Link - The link is not working..
Krishna/Sri, could you give me the correct link.
Thanks Krishna / Sri for very useful information. I will try this option before the other ones.
Thank you very much.
"www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection"
Thanks,
Krishna
Krishna/Sri, could you give me the correct link.
Thanks Krishna / Sri for very useful information. I will try this option before the other ones.
Thank you very much.
"www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection"
Thanks,
Krishna
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rssb
09-15 02:18 PM
Congrats
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viswanadh73
01-29 01:14 PM
I applied PIO card for my new born daughter in Dec 1st week and i got exactly in 2 weeks. this is from Newyork consulate.
yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.
yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.
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reddy_h
08-01 03:30 PM
Dont worry. You should be fine. Even if they reject, you can open MTR. Good Luck!
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10-21 01:16 AM
I actually like it the way it is... :)
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smiledentist
10-21 04:55 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
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karl65
10-27 08:46 AM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
chanduv23
02-05 03:39 PM
I know the residency application process. I needed help in finding out any hospitals or institutions offering the observership programs.
Thanks
go to usmleforum.org , you will get excellent help there, it is most happening for FMGs , from what I hear, getting an observership needs recomendation, so start using your network to find any doctors. Observerships are generally not given to people without recomendation because of the HIPAA rules. You may be better off seeking a research position too, stick to New York City where you have a lot of community hospitals and are h1b friendly and you will definitely find some of your alumni, seniors etc... So start off now and try to get some leads.
Good Luck
One more piece of advice: Though u may find a lot of Indians/South Asians on h1b doing residencies, things are changing now, hospitals are now very choosy on h1bs and it is a challenge to secure a residency on h1b. A lot of H1bs are given to people with exceptional scores with experience and most of them go to people who have UK clinical experience (people worked 5 to 10 years in UK) as they seem to be a natural fit. So do your homework and work towards your target.
Thanks
go to usmleforum.org , you will get excellent help there, it is most happening for FMGs , from what I hear, getting an observership needs recomendation, so start using your network to find any doctors. Observerships are generally not given to people without recomendation because of the HIPAA rules. You may be better off seeking a research position too, stick to New York City where you have a lot of community hospitals and are h1b friendly and you will definitely find some of your alumni, seniors etc... So start off now and try to get some leads.
Good Luck
One more piece of advice: Though u may find a lot of Indians/South Asians on h1b doing residencies, things are changing now, hospitals are now very choosy on h1bs and it is a challenge to secure a residency on h1b. A lot of H1bs are given to people with exceptional scores with experience and most of them go to people who have UK clinical experience (people worked 5 to 10 years in UK) as they seem to be a natural fit. So do your homework and work towards your target.
radhagd
01-13 09:43 PM
To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.
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