AB1275
12-18 10:07 AM
For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
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I-485 approval
08-20 12:37 PM
Hi Bheemi,
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
waitingmygc
09-08 04:26 PM
I am convinced with Prashanthi.
Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.
For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.
Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.
For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.
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gk_2000
08-27 06:22 PM
good one ghost.
it's disappointing that the sept vb movement was much smaller than expected (i fall in your g3m2 category) but the blessing in disguise is that it will make people believe the long term vision that IV has to pursue the fixes that will solve these problems for good and will help everyone irrespective of their category. hopefully more people will come forward and donate and join IV's hands on the grass root efforts.
Sept VB movement was small???? Didn't you notice EB3 Row moved 6 months, and EB4 ROW by about 1 year?
And NO movement for EB3-I.
Now, how unfair is that. EB2, EB4, everyone moves faster, but not EB3 (I)!!! :mad:
it's disappointing that the sept vb movement was much smaller than expected (i fall in your g3m2 category) but the blessing in disguise is that it will make people believe the long term vision that IV has to pursue the fixes that will solve these problems for good and will help everyone irrespective of their category. hopefully more people will come forward and donate and join IV's hands on the grass root efforts.
Sept VB movement was small???? Didn't you notice EB3 Row moved 6 months, and EB4 ROW by about 1 year?
And NO movement for EB3-I.
Now, how unfair is that. EB2, EB4, everyone moves faster, but not EB3 (I)!!! :mad:
more...
pappu
10-31 08:32 AM
4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
waitin_toolong
10-30 07:07 PM
There si no such requirement, but I hope you mentioned the current address in G325
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man-woman-and-gc
03-27 09:17 AM
Thanks for ur response....I have'nt received any Interview notification yet from the USCIS or NBC.
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kumar.yerr
12-15 05:36 PM
I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.
I do have a genuine job and had been working for the same client since the day I started working in the US..
VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.
Below is conversation:
1) DS-156, 157 & Passport
A) I handed him those docs.
2) Are you returning to the same job?
A) Yes sir
3) Can I see the client letter?
A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.
Couple of questions:
1) Should i drop my passport along with all other documents?
2) What is the success rate and
3) Why do they usually issue an Yellow slip?
Any help is greatly appreciated..
Thanks and Regards..
I do have a genuine job and had been working for the same client since the day I started working in the US..
VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.
Below is conversation:
1) DS-156, 157 & Passport
A) I handed him those docs.
2) Are you returning to the same job?
A) Yes sir
3) Can I see the client letter?
A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.
Couple of questions:
1) Should i drop my passport along with all other documents?
2) What is the success rate and
3) Why do they usually issue an Yellow slip?
Any help is greatly appreciated..
Thanks and Regards..
more...
LostInGCProcess
06-17 05:05 PM
The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.
In this case EVL, W2s, and paychecks is enough to prove.
The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.
In this case EVL, W2s, and paychecks is enough to prove.
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smuggymba
09-14 02:09 PM
I feel paid and verified membership is much better. That way we can raise the money and we won't have trash talkers between us and we will know everyone by name......a team rather than an online platform. Just a thought.
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wandmaker
12-18 11:27 PM
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
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m306m
06-09 11:02 AM
Transit visa is only required if you are planning to return to the US. If you are planning to go back to the country of citizenship, no trasit visa is required through Germany, London etc..
If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.
Sorry to hear about your loss. Hope things work out for you.
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.
Sorry to hear about your loss. Hope things work out for you.
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
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amsh
08-22 01:52 PM
I think yes ,if you have a scanned or original copy or the Application number of old I140
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prinive
04-10 05:38 PM
Any one else...:o
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sujith1
08-02 09:31 PM
Sorry - did not check this thread till today
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
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fatjoe
10-31 12:46 PM
Didn't they stopped issuing interim EADs half an year ago?
It was stopped. I went to the local office and found that.
It was stopped. I went to the local office and found that.
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gsc999
06-08 05:41 PM
When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
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gc_in_30_yrs
09-27 10:08 AM
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
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Ramba
10-17 05:28 PM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
cygent
09-15 03:05 PM
EB3 I-140 is still March 30th, 2007, a whole year behind EB2. EB2 jumped from July 2007 to March 13th, 2008 UNBELIEVABLE :confused: Seems like they just want us to blow our brains out, or whatever little is left of it anyway... This is just so sick.
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