aroranuj
04-16 01:06 PM
Yes I believe my attorney did provide the educational evaluation documents. It was the same documentation used for the H1B & the PERM Certification. Any idea of what my chances are with the appeal?
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
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americandesi
10-11 05:56 PM
One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
illusions
04-03 10:18 AM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
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VSS2007
08-27 09:20 AM
Thanks for the reply
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invincibleasian
01-31 12:43 PM
I dont care about the fees. anything under 1000$ for 485 filing is cheap. I am happy they are in the process of eliminating substitution since this will reduce lcs. also higher the fees lesser the abuse of the system where one employee makes different employers file for h1s and gcs. I fully support the hike!
GC_SUCK
07-19 02:19 PM
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
more...
aachoo
02-17 09:20 PM
another LUD today for me 02/17
What was your RFE for?
I am still waiting to see what my RFE was for.
I had another LUD today as well (2/17) (also had one on 2/10, 2/13). wife only had 2/10 and 2/13.
-a
What was your RFE for?
I am still waiting to see what my RFE was for.
I had another LUD today as well (2/17) (also had one on 2/10, 2/13). wife only had 2/10 and 2/13.
-a
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lazycis
11-30 06:42 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
more...
NH123
05-15 12:02 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
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conchshell
07-25 12:53 PM
Because you are a man and you are from Mars. Men are that way .. they always live in future and somehow completely forget that its the present that they need to live fully and enjoy to the maximum extent. Women live more in present and that's why you will see very few of them stressing themselves out on these forums.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
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glen
04-01 06:27 PM
Fax 10 & 11 done.
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ilikekilo
03-26 01:38 PM
Have they mentioned it on their website? Usually DMVs like CT etc.. mention on website that they need a Employment verification letter, as a matter of fact, they don't even accept paystubs they just want employment verification letter.
Folks - my advice is : Please do not argue with the department. Ask them to post their new requirement on their website so that you don't go there and get disappointed.
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
Folks - my advice is : Please do not argue with the department. Ask them to post their new requirement on their website so that you don't go there and get disappointed.
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
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jthomas
04-13 05:27 PM
Thanks IV core members for helping a member in our community. this will help me to support IV's agenda in future.
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willwin
06-13 12:46 PM
how many PhDs work for Microsoft who is started by college dropout?
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morpheus
04-10 04:11 PM
The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
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hiralal
05-06 07:18 AM
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
he is smart but his idea was stupid ..why will they allow anyone to come to US and give him GC on the first day just because he purchased a house ??
also the reality has changed somewhat as US loses its charm somewhat ..and as other countries become better ..many will not come and buy a house.
maybe we should have a campaign (or should have had a campaign) telling shiller that forget newcomers ..there are million of well to do immigrants in US who would buy a house EVENTUALLY if their GC's were to be processed faster !!
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
he is smart but his idea was stupid ..why will they allow anyone to come to US and give him GC on the first day just because he purchased a house ??
also the reality has changed somewhat as US loses its charm somewhat ..and as other countries become better ..many will not come and buy a house.
maybe we should have a campaign (or should have had a campaign) telling shiller that forget newcomers ..there are million of well to do immigrants in US who would buy a house EVENTUALLY if their GC's were to be processed faster !!
more...
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deepak
09-10 06:50 PM
I think as with all certifications, the effort you put into getting the certification teaches you a lot. It is debatable as to if the certificate itself has any value. It is kind of like going to college, the degree just gives a 3rd party assertion that you did what you say you did.
I must admit that I have not maintained my PMP certification and it has lapsed over the last two years. I just found it very utopian and not very practical. Maybe that is the way it is designed to be. I also got my PMP after spending 5 years successfully rolling out two CMM level 5 assesments and one ISO 9001 certification for my employers. PMP for me was just a way of having someone endorse me and my skills. Over time I found it to be relatively useless unless you hang out at the various PMI meets to do some effective networking.
If you are a project lead, or someone stepping up to a managerial level, this could really give you a big boost, an endorsement of your life experiences and skills. If you have already been a PM in a CMM5 or ISO9001 organization, you probably already follow most of the best practices and the PMP can't add much more to your life.
I must admit that I have not maintained my PMP certification and it has lapsed over the last two years. I just found it very utopian and not very practical. Maybe that is the way it is designed to be. I also got my PMP after spending 5 years successfully rolling out two CMM level 5 assesments and one ISO 9001 certification for my employers. PMP for me was just a way of having someone endorse me and my skills. Over time I found it to be relatively useless unless you hang out at the various PMI meets to do some effective networking.
If you are a project lead, or someone stepping up to a managerial level, this could really give you a big boost, an endorsement of your life experiences and skills. If you have already been a PM in a CMM5 or ISO9001 organization, you probably already follow most of the best practices and the PMP can't add much more to your life.
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meridiani.planum
06-04 05:32 PM
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
class action lawsuit?? for using up too many visa's too fast?
wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
class action lawsuit?? for using up too many visa's too fast?
wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D
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rpat1968
02-21 01:37 PM
Yesterday night at 9:00pm I got email from CRIS that they have issued RFE for me and my spouse.
The contents in the emails say -
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent"
Will have to wait and see what the RFE is about till we get it in postal mail.
Very curious about what the RFE is about. Have been with the same employer who sponsored the GC for last 5 years. PD in july 2004 , I140-EB2 approved approved in Nov 2006 and 2 July 2007 filer.
Did any RFE recently please post?
The contents in the emails say -
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent"
Will have to wait and see what the RFE is about till we get it in postal mail.
Very curious about what the RFE is about. Have been with the same employer who sponsored the GC for last 5 years. PD in july 2004 , I140-EB2 approved approved in Nov 2006 and 2 July 2007 filer.
Did any RFE recently please post?
number30
10-27 03:59 PM
Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.
rsrikant
08-10 10:26 AM
Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
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