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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.





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  • gc28262
    11-16 09:42 AM
    ..............
    The actual problem is, the Congress. Lawmakers are the problem. They know everything what is going on. They know that not just desi companies but even larger companies take advantage of the vulnerable part of the society - the immigrants. Inspite of having all the information, the lawmakers deliberately did not add necessary protections for immigrants. And, even if the system becomes more efficient, people who enjoy the gutter will continue to live in the gutter. No laws or protections can help folks like you. Every now and then, just come to forum like these and rant once in a while. That's what you will do. The fact is you do not need better treatment or benefits. You need better therapy to tell you that you can come out of the gutter.
    ..............

    .

    Well said. It is the government that forces us to live in this situation. Even for basic needs like drivers license, we need to suffer discrimination and prejudice in this country.

    We should be fighting against these injustices rather than fighting among ourselves.

    It is very simple. If you ended up with an employer you don't like, plan on moving away from that employer.





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  • svn
    04-08 12:01 PM
    SVN,

    One irrelevant question: Why did you wait till Aug 15th, 2007 to file your 485 when your date was current in June and you could file in June 2007?

    Just noticed your question - I was actually one of those stuck in the notorious BEC. As luck would have it, my Labor cert which had been stuck in local office processing first and finally made it to the second stage of labor was stuck there as well for months until it seemed like they finally were processing applications that had been received at the same time as mine. Then it happened - all labor processing centers were scrapped and everything was shipped in boxes to the blackhole called BEC. Little did I know then the upfront delay of months would be insignificant compared to the delay of almost 4 years at the BEC. In fact, my labor cert hadn't been processed by BEC even when the Jun 07 window opened up. As luck would have it though, in the month when everything was rolled back, my labor was finally cleared (thank god for small mercies!) and I was able to apply for both I-140 and I-485 when the window opened back up temporarily between July 30th and Aug 17th. Of course, I am still last in the line since USCIS processes based on application received data and not priority date! However, as I mentioned earlier, I am thankful to all of the efforts of IV that led to the window opening back up, which actually enabled me to file my I-485 and eventually receive an EAD (if not, would have still bee completely dependant on H-1, 11th year, now)





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  • logiclife
    08-27 12:09 PM
    And they say why Albert Pinto "Plassey" is an angry man?

    My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
    Any body in the same boat? What shall I do?


    A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.

    Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.

    You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.

    You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.

    Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.



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  • gcseeker2002
    12-19 05:02 PM
    Mine is just 4 days.

    Nov. 23 - Card Production
    Nov. 27 - Approval Notice Sent
    Nov. 28 - Card in the mailbox
    In 4 days ? That is so not NSC .





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  • saileshdude
    02-23 04:19 PM
    Hi Shana

    If I understand your question correctly, then if you are using H1 then you need to be on payroll all the time. Does not matter whether or not using AC21. This applies even after 180 days of your AOS. If you use EAD then you can be without a job.



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  • fcres
    06-19 10:29 AM
    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

    ----------------------------------
    Permanent Resident since May 2002

    Thank you for this information.

    I still have about 2.2yrs left on my 9th yr 3yr H1 extension. So if i don't need EAD when i use AC21 do i just file AC21 or do i need to transfer H1 too? And i guess this means even after i invoke AC21 i will still be on H1 status which is what i prefer.
    Also is there any CIS links stating we don't need EAD to invoke AC21 so i can talk to my lawyer?





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  • caydee
    05-14 07:23 PM
    Contributed $120 to date. Cheers!!



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  • docwa
    08-05 01:41 PM
    Yes, Its the same number, but at one of the prompts, you need to put a different number for LIN.





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  • snhn
    05-21 03:58 PM
    It is july 14 2007 for 'Employment-based adjustment applications'

    I am finally able to look the website with May dates.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    It is June 21, 2008 form 485 Texas base applications.

    It seems they have gone back from where they were last month.



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  • NKR
    02-01 01:59 PM
    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?

    Can we get License renewed using EAD and not having H1?.





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  • immig4me
    05-11 11:50 AM
    I filled out the registration form. I would like to donate in addition to participating on the event days. How would I go about doing this? I want the donation to go this specific event. Appreciate a response. Thanks.



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  • punjabi77
    08-21 03:42 PM
    Emailed the letter to GA Senator Johhny Isakson (R-Ga).

    I had got a reply back from Another senatoer Saxby CHambliss (R-Ga) for the same letter when i had sent it last month during the initial campaign. He misunderstood the letter and replied back in regards to increase in H1B Quota. So i replied back to his email and clarified on that and pasted the content of the letter again.
    Waiting to hear from him.





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  • anil_temp
    07-19 12:57 PM
    EB2/FEDEX delivered on 02-Jul-07 @9:01AM



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  • kevinkris
    11-03 12:24 PM
    I know this is not releated with Immigration. If you dont want to answer, that is fine. Just ignore this.

    I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.


    It's simple.. Find some one in your friend circle who wants to send money to india and tell him that you will transfer rupees to his bank account in india and ask him to transfer dollars to ur account here.

    Simple.. that's how i did last time..

    good luck to get our of debt..





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  • Gravitation
    01-23 09:18 AM
    Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
    http://www.immigration-information.com/forums/showthread.php?t=7065

    He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..

    Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.

    If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".

    We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.



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  • nashorn
    12-17 11:47 AM
    I have sold some items in eBay in the past, If I rememver correctly, when I sold something for $10 and the buyer made a paypal payment, paypal too $1.5 as fees.

    So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
    How about check? 100% goes to IV.





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  • whattodo21
    05-11 12:02 PM
    Pappu,

    Please let me know your thoughts..
    I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.

    Is that a problem when filing AC-21?

    Please advise.

    You may be able to find answers in the IV wikki - have you tried it?
    AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)





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  • GreenSeaTurtle
    09-22 04:07 PM
    If there was more press coverage on the DC Rally i mean on TV it would bring the matter to the attention of more people. Someone suggested sending pizzas or roses to the media which I second.

    If we can bring about a change so that current and future GC seekers don't suffer what scores have suffered till now we are bringing a positive change.





    funny
    09-22 04:26 PM
    one member voted on the Third option on this Poll...

    I didn't call last week and i did not call even today....

    Well this is dis-heartning to see these kind of responses, Whats the point of spending time on IV if you are not willing to work on the Action Items...are you here to just collect information...Sad.





    WaldenPond
    01-06 07:23 AM
    Guys, Count me in for $100. Will contribute more if needed. I will mail the check during the weekend. Sorry guys for the delay....
    Thanks


    Hello Rayyan,

    Thanks for coming forward to help this cause. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of volunteer effort . Thank You.

    We also need more active members in Miami as it is a huge city. Would you like to take up the responsibility to post the flyers in Chinese/Indian/Philipino stores or other places where people from these or other immigrant community gathers? Or maybe simply send out emails to send the same message to your friends. It is ok if there is any constraint.

    Again, Thanks for your support.

    -WP



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