raj2007
02-18 10:32 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
wallpaper games icon png. pirates icons
eb3_nepa
05-12 03:58 PM
Yeah but then that is a nice free luch for those who do not contribute. The motto will become, just sit back and relax and let the other fools do the hard work and spend their hard earned money.
rnvd
10-30 04:41 PM
Hi rsdang,
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
2011 game,gaming. PNG ICO MORE
AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
more...
srisra
02-01 09:19 AM
Congrats...
eb_retrogession
01-06 09:32 AM
This is a good effort towards solving the retrogression issue. Like many silent readers, I do have concern about contributing to a new organization.
Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.
Thanks!
Pls check your private message
Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.
Thanks!
Pls check your private message
more...
sury
11-07 10:26 AM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
2010 PNG File:
dingudi
06-08 11:16 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
I understand your problem. All I was saying is to make sure any response you provide includes that your work during 1999-2000 was legal as per F1 on-campus regulations. And I hope the attorney you hire should be able to do that. If you do not have Tax returns , then you don't. Like someone said earlier , your W2 along with IRS letter that they do not keep records older than 7 years maybe enough but again your attorney should make this decision wisely.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
I understand your problem. All I was saying is to make sure any response you provide includes that your work during 1999-2000 was legal as per F1 on-campus regulations. And I hope the attorney you hire should be able to do that. If you do not have Tax returns , then you don't. Like someone said earlier , your W2 along with IRS letter that they do not keep records older than 7 years maybe enough but again your attorney should make this decision wisely.
more...
LCtank
07-14 01:44 PM
EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
hair The Home Row Icon Sets
gveerab
02-23 01:18 AM
Hey Guys,
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
more...
for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
hot store until the promotion
brij523
02-17 08:16 AM
Good job Varsha.
As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.
I am working on getting appointment with our congress member - John Barrow of GA.
Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.
As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.
I am working on getting appointment with our congress member - John Barrow of GA.
Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.
more...
house Abode CS3 Icon png
leoindiano
07-09 05:26 PM
What is strange ?? He used PP in June when it was still available. USCIS suspended PP only for new cases to process what they already had.
I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
:rolleyes:
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
:rolleyes:
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
tattoo These icons will
indianabacklog
02-01 02:14 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.
more...
pictures High-Quality Icon Sets
tinoue
09-27 04:15 PM
Thank you all for sharing the response from your lawers.
I haven't got any response from my lawyer yet, but in the mean time I called USCIS customer service. At first time, I was transferred to ae 2nd level operator, but while I was waiting, the phone was disconnected. So I called again and explained my situation again to a different operator (1st level). This time, she did some investigation and told me that I should have only one A# and opened a service request. She informed me that I should get a response by Oct. 25.
But some of your lawyers said that they have seen the same situations and there has been no problem, I think it is ok to have two different A#s.
Thanks!
I haven't got any response from my lawyer yet, but in the mean time I called USCIS customer service. At first time, I was transferred to ae 2nd level operator, but while I was waiting, the phone was disconnected. So I called again and explained my situation again to a different operator (1st level). This time, she did some investigation and told me that I should have only one A# and opened a service request. She informed me that I should get a response by Oct. 25.
But some of your lawyers said that they have seen the same situations and there has been no problem, I think it is ok to have two different A#s.
Thanks!
dresses Game icons at Game Icons
jambapamba
07-19 07:48 AM
NO
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
more...
makeup Mega Games Icons Pack (Part
fide_champ
06-25 02:42 PM
ask the lawyer what he was thinking
It looks like the lawyer did not find any information that they should not send it before July 1st.
It looks like the lawyer did not find any information that they should not send it before July 1st.
girlfriend File:Future Game Icon.png
ItIsNotFunny
10-15 04:52 PM
I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.
There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.
There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.
hairstyles AVATAR iPhone game icon.png
admin
03-15 01:22 PM
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
eb3retro,
Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.
Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
eb3retro,
Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.
Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
sameer2730
02-06 05:00 PM
Is H1B stamping subject to the same name checks as in the home country ? Since I have heard people get stuck for long times in these checks, what happens in similar situations when stamping is done in Canada.
No comments:
Post a Comment