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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.




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  • number30
    06-10 08:24 PM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti

    It is not 3 years degree. All UK degrees are three years degrees and USCIS accepts the degree as equivalent. Important thing 16 years of education to attain the degree. Ask your evaluator to stress on the point that the your Bachelors was awarded after 16 years of education.




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  • harrydr
    09-01 03:02 PM
    I have given you the link. What else do you need. This is ridiculous level of spoonfeeding/babysitting. You don't deserve to get information if you cannot fill a simple form out to request a copy of your I-140.......................




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  • ronnie0479
    03-31 02:39 PM
    Immigration and Tax Filing are not at all related.


    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?



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  • andy garcia
    01-17 06:53 AM
    That is all I did a couple of years ago.
    I took the passport of my wife and that was it.




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  • mchundi
    07-28 01:36 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    U will get a 3 year H1-B with the new employer.
    i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
    --MC



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  • TeddyKoochu
    09-04 02:11 PM
    Dear Friends, My sincerest hopes and prayers that EB2-I dates advance my PD is Jul 2007 and we narrowly missed the Jul 07 windfall. I hope our wait for EAD & AP ends this year!

    My mind says its difficult, heart says pray for it, maybe our wishes and prayers are granted in the Oct VB. Good luck to all :)




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  • Steve Mitchell
    February 15th, 2004, 06:56 PM
    Just added the Sony 717 to the list of cameras that the DOF calculator should give an accurate DOF reading. It is my understanding the the COC varies with varies digital cameras. I gathered this information from here (http://dfleming.ameranet.com/digital_coc.html). This is the guy who created the equations for one of Nikon's websites. That is the variable that changes and alters the DOF if I interpurt this correctly. This is the variable that is changed when determing the DOF in the DOF calculator (http://www.dphoto.us/forum/index.php?section=depthoffield) on Dphoto.us.

    Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.

    You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp

    Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.

    You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.

    Scott



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  • HOPE_GC_SOON
    05-04 10:49 AM
    Hi Immi2006:

    thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

    Let us hope for the best.. :rolleyes:

    Thanks,:)



    THose are labour filed.

    It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

    One thing that emerges clear from the data pattern :

    Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
    140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.




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  • texcan
    09-14 05:22 PM
    hi there,

    How about giving others some perpective about case timeline etc, so that they can answer question better.

    Please update your signature with case details.

    Just a suggestion, dont be offended.



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  • Sakthisagar
    10-21 10:37 AM
    Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
    earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news

    We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.

    Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.




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  • snathan
    02-06 06:47 PM
    Thanks a lot for heart warming response .

    I greatly appreciate your comments .

    Ask him to file a law suit and he will pay you whatever you earned from you. He is just threadening. Nothing else.



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  • girishvar
    08-15 12:48 PM
    As long as your DOL job code is same or similar between your approved labor and new job you will be ok.


    Hello Gurus,


    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.:confused::confused::confused:




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  • WaitingForMyGC
    06-25 11:18 AM
    Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.



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  • speddi
    10-05 10:43 AM
    Hi,
    I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.

    Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.

    Thank you for any kind of input.




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  • harivenkat
    05-11 01:06 PM
    This is happening right now

    Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.

    C-SPAN Video Player - Senate Judiciary Cmte. Hearing on U.S. Citizenship and Immigration Services (http://www.c-span.org/Watch/Media/2010/05/11/HP/A/32807/Senate+Judiciary+Cmte+Hearing+on+US+Citizenship+an d+Immigration+Services.aspx)



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  • eager_immi
    07-11 12:32 PM
    True but these were not applications that were filed 2 weeks back. Many people had 485 pending for over 2 years due to retrogression. Also a lot of cases that got a visa # still had pending security checks so technically they did not approve 60K 485, they only used up the visa#s.Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.




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  • bheemi
    02-20 11:20 AM
    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks




    nixstor
    12-07 10:18 AM
    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.

    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.




    lostinbeta
    09-04 03:36 PM
    Glad I could help:)



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