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  • JeffDG
    01-31 02:00 PM
    Don't worry about the text of the bill, it's purely a placeholder for something to be introduced as an amendment later.

    The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.

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  • GC Struggle
    03-10 11:02 AM
    Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

    Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

    First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

    Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    No idea on this..

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months

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  • Legal
    07-26 12:32 PM
    very good idea! We should fight..

    This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.

    If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D

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  • yjprakash
    10-20 04:08 PM
    Can someone also share the NSC fax number please?

    Here is the fax number for NSC 4022196344


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  • sg72
    09-29 12:42 PM
    My case is totally different. We applied on July 2nd and my wife got her EAD last week but my EAD not yet approved. Is it normal?

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  • redgreen
    12-16 02:14 PM
    I had only I-485 receipt (previous I-94 expired, passport had validity for only 3 weeks) and in MA I got a driver's license for 5 years.


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  • seahawks
    08-17 09:46 AM
    no refunds, USCIS does not work that way, checks get cashed before they work on a case. Once the checks are cashed, no refunds. The only scenario is if you fell within the cap and they wouldn't accept your application, the whole packet is returned which then will have the checks within the packet. Hope that makes sense:?

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  • mbartosik
    12-13 04:16 PM
    The date in my I94 was entered as being 6 months before the date of entry (he got the year wrong). I being jet lagged didn't spot it until after leaving the immigration hall.

    To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.

    In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?

    So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!


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  • abcdefgh
    10-30 04:07 PM
    They check the contenct before they post it

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  • desi3933
    02-11 10:43 AM
    Hi All,

    I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.

    As per my understanding these are the options:

    1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...

    2) I can join my H1 employer...

    Can anyone of you please suggest if these options are correct OR is there any other better option available...

    Eagerly waiting for responses...

    Gagan Chodhry

    Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.

    You applied for L1 extension on Oct 15th.

    Would you mind sharing the denial reason with us?

    Not a legal advice.


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  • nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:

    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements

    if any one has similar problem please share


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  • senk1s
    05-08 01:40 AM
    In our case (also Jul 2007) the Dr gave sealed envelopes ... and we gave it to our attorney.

    What did yor attorney say about this RFE?


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  • nanneh
    04-27 06:51 PM
    I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
    Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
    This is my expereince but i would suggest please consult an attorney.

    Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".

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    January 30th, 2008, 01:40 PM

    What type of camera are you looking for?

    Point-and-shoot or a dSLR (Digital Single Lens Reflex).

    The Sony Cybershoot is just your average P&S camera, small, light and compact.

    A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.

    Nikon D40

    Canon EOS 350D

    What is your price budget too?

    here is the link for the cyber-shot y was looking for
    i know sony also have dslr cameras, but this cyber-shot is pretty much like a dslr and it's affordable. $600 budget


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  • sunny26
    06-18 01:33 PM
    yes. that what my lawyer says.i have only two months so going in person for renewal.

    Does the passport have to be valid for at least 6 months at the time of filing 485?

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  • Munna Bhai
    08-23 12:04 PM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

    Swede is correct, you need to have all the is the classic couple of case:

    a)One person was deported as he was not able to show the document and immigration department didn't had.
    b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
    c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension

    So you are free to conclude..


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    02-16 03:37 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.


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  • augustus
    05-12 03:13 PM
    His position requires Masters Degree

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  • mayitbesoon
    02-20 05:47 PM
    any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?

    09-18 10:47 AM
    Why focus our energies on cosmetic changes?

    10-28 12:21 AM
    Happy diwali to everybody.
    IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
    "Karmanye Vadhikaraste Ma Phaleshu Kadachana,
    Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"

    the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
    Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
    Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.

    Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.

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