kondur_007
03-17 05:44 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
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ajcates
10-12 07:41 PM
I didn't provide fireworks templates…
new_phd
04-14 05:41 PM
Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
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Browndog
August 22nd, 2005, 09:47 AM
Wow, both these shots are very impressive, and the technique sounds like it could open up lots of creative aspects to daylight photography. thanks for sharing the technique with us.
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CantLeaveAmerica
12-08 05:43 PM
by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
sam_hoosier
11-27 04:30 PM
My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?
Pls help.
Thanks.
Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.
Pls help.
Thanks.
Best possible route is to move to EAD with your current employer, then look for another job and switch job once you get something else.
more...
varumo_varatho
12-25 10:58 AM
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
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Muj@ck0_it
03-11 03:20 AM
I'll cast my vote for paddy...:yes:
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rcr_bulk
08-28 05:45 PM
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
At last , now you found right the thing to do.
At last , now you found right the thing to do.
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mhathi
04-30 03:39 PM
Category: EB3 (Regular)
Applied: November 20th, 2006
approved: April 12th, 2007.
Applied: November 20th, 2006
approved: April 12th, 2007.
more...
GCBatman
04-13 10:42 AM
Thanks gcisadawg.
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,
You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.
2> Shift the money to a new/exsisting IRA.
Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.
-GCisaDawg
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,
You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.
2> Shift the money to a new/exsisting IRA.
Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.
-GCisaDawg
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indianabacklog
07-26 02:54 PM
This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.
more...
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gcisadawg
03-25 04:52 PM
voted for vamsi's qn....
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sayantan76
07-08 10:39 PM
this is BS.
The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.
In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
As far as I know - a large number of us in the USA do not need to pay Indian taxes on our US income.......unlike USA - Govt of India does not tax its overseas citizens' foreign income......(for that matter GC holders are also liable to pay US taxes when they are outside USA).
Under these circumstances and the fact the Govt of India has much more serious issues on hand- I find it very selfish to go ask for their help for a set of relatively well to do, highly educated professionals working for mostly personal gains outside their motherland.......
Its one thing GoI stepping in against exploitation of labor in middle east or advocating for med students in UK - most of us are established professionals who have consciously chosen our battles - we should not shy away from those battles and suddenly ask for motherland's help.....
BTW - I am in the same boat......actually a bit worse perhaps..since I am filed under EB1 and was current till last month and only 2 months or so away from GC before current bulletin......
The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.
In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
As far as I know - a large number of us in the USA do not need to pay Indian taxes on our US income.......unlike USA - Govt of India does not tax its overseas citizens' foreign income......(for that matter GC holders are also liable to pay US taxes when they are outside USA).
Under these circumstances and the fact the Govt of India has much more serious issues on hand- I find it very selfish to go ask for their help for a set of relatively well to do, highly educated professionals working for mostly personal gains outside their motherland.......
Its one thing GoI stepping in against exploitation of labor in middle east or advocating for med students in UK - most of us are established professionals who have consciously chosen our battles - we should not shy away from those battles and suddenly ask for motherland's help.....
BTW - I am in the same boat......actually a bit worse perhaps..since I am filed under EB1 and was current till last month and only 2 months or so away from GC before current bulletin......
more...
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gparr
July 25th, 2005, 07:06 PM
I enjoy shooting white objects, particularly snow and white flowers, because it's difficult to get the exposures right and to avoid blowing out highlights. However, I'm never happy with the results I get when I process the images in Photoshop. Below is a shot of an Angel's Trumpet bloom I shot the other day. The challenge is to download the RAW file (link below) and process it to either show me that it can be better than my effort or to confirm for me that I'm on target with my image processing. If you post your version, please also post details of what you did in Photoshop so I can try to replicate it. Have fun and thanks.
Gary
Download the RAW file:
http://www.gparr.com/images/gparrraw.zip
http://www.dphoto.us/forumphotos/data/500/angeltrump03.jpg
Gary
Download the RAW file:
http://www.gparr.com/images/gparrraw.zip
http://www.dphoto.us/forumphotos/data/500/angeltrump03.jpg
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jonty_11
02-09 12:45 PM
Yes we have to keep focused and not give up this fight. With so much taxes and spending we have pumped into the economy, dont u guys think u deserve better.
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mhkumar
03-25 02:23 PM
Everyone please create your own account at http://www.whitehouse.gov/OpenForQuestions/ (search with keyword immigration), and vote for all the questions favoring legal immigration so that those question will get more attention.
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mkiv
05-21 12:34 PM
You must send the letter from your original employer if you have not used AC21.
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sats123
03-12 08:00 PM
Thanks for reply and suggestions.
I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.
Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.
I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.
Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.
gcny2006
05-28 03:35 PM
Talking abt running this site. I think IV should enforce a mandatory $15 per year for access to this site. In interest of full disclosure - I have been a free loader myself for a very long time but have realized its pointless if you are not helping the cause. The people who are visiting this site have one thing in common - They have a BIG problem and if they cannot make a SMALL contribution towards solving that problem this community has no use for them.
chanduv23
11-14 08:16 PM
This is the time to channelize all your frustration into positive energy. Yes, we can collective work towards ending retrogression.
Join your State Chapter today
Follow the link
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
Come on folks, this is time for action.
Start working towards IVs goals and you will be glad that you are doing it.
Join your State Chapter today
Follow the link
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
Come on folks, this is time for action.
Start working towards IVs goals and you will be glad that you are doing it.
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