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GC Struggle03-10 11:02 AMDon’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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acecupid08-21 03:17 PMI am almost there and expecting green card approval anytime. But now I am having second thoughts now. The desi consulting company I work for had eight people a year ago and two of them now going back (and one more is negotiating) at salaries 20-35 lacs. Has anyone explored Indian job market, if yes then what is hot?

Does 25-30 lacs sound like a good deal to you ?



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brawn8108-09 06:51 PMcan you please add 2005,06,07,08 in the poll options..



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glus02-24 12:20 PMI filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

Did anyone hear anything similar?

Thanks and have a great weekend!


OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.

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prince_waiting12-12 12:31 PMMontgomery - Huntsville = 190 miles
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles

So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.

If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.

Your take on the meeting place guys.

Looks like a toss up between Birmingham and Montgomery.

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camilopino01-08 04:48 PMWell the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!



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zzsbzz07-14 02:30 PMFWIW, a big technology company's lawyer are sending almost 1100 applications.

Yes. I'm not sure if you're talking about the same big technology company but one decided to go ahead with filing applications for all it's eligible employees on Thursday.



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keiryu06-28 04:35 PMLet me rephrase. You can have both but you can only enter in as one status. Whatever you enter in as, that will be your status. If you have not entered in as AP, You can enter the US on H-1b without impacting your AOS.

Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)

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santa12301-23 01:40 PMCIS Ombudsman - Send Your Recommendations

Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.

http://www.dhs.gov/xabout/structure/editorial_0501.shtm


Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

Mailing Address:

Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225



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chanduv2309-22 10:00 AMSmall companies will do this. If it is a big company with HR and payroll departments not being micro managed by the employer - then you won't face these problems.

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sri130909-17 07:31 AMInfopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/

I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
Sri.



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FredGMay 1st, 2005, 01:58 PMI'd say you captured the action just fine. All that bird tracking was probably good practice for this.

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amitjoey06-14 01:39 PMPlease 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.

485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.



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stevensjd04-28 11:59 AMMy wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.

I was worried that they may ask couple of questions but it was very smooth.



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a_yaja07-19 09:56 AMI told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.

He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.



Sideliner07-17 07:33 AMHello freinds :

I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.

Good luck.



lsuk07-21 07:17 PMEAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?