enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
wallpaper Cute Funny Babies Sleeping
maddipati1
07-27 08:16 PM
the pattern analysis is wrong.
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
frustratedH4
07-02 03:18 PM
Medical Fees: $480
Attorney Fees: $1500
Photographs: $50
USCIS Fee: $1490
Attorney Fees: $1500
Photographs: $50
USCIS Fee: $1490
2011 Cute funny Babies latest
Soul
02-07 09:37 AM
Me too, love medieval! :) Probably something to do with our past lives heh :P
- Soul :goatee:
- Soul :goatee:
more...
gc_on_demand
06-10 03:18 PM
Was USCIS following prediction of OMBUDSMAN ???? or OMBUDSMAN WAS PREDICTING TRUE....
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
reachag
04-03 08:50 AM
Requested all my friends to fax..
more...
ssnd03
07-17 10:05 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
2010 funny babies Pictures, Photos
bidhanc
03-21 02:15 PM
I am in NYC. Shall we team up?
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
more...
humdesi
11-21 10:50 PM
If you're talking about rent vs buy, everything you've said or will say has already been discussed here:
http://www.getrichslowly.org/blog/2007/07/16/renting-vs-buying-the-realities-of-home-buying/
http://www.getrichslowly.org/blog/2007/07/16/renting-vs-buying-the-realities-of-home-buying/
hair The 10 Amazingly Funny Baby
clockwork
08-08 12:15 AM
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
I dont have any better idea than what other ppl are suggesting.....But
If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....
Best of luck.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
I dont have any better idea than what other ppl are suggesting.....But
If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....
Best of luck.
more...
sareesh
10-29 10:36 PM
hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
hot funny pictures of abies
qualified_trash
12-13 04:05 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
more...
house funny babies Pictures, Photos
dharmesh.pariawala
01-31 10:04 AM
If we get a better service at USCIS this might be better. I am ready to pay more, but I want my file to be processed fast.
tattoo funny pics of abies
sairam
07-02 03:10 PM
We spent approxiamtely $4000 not including the filing fee which is another $1500 approx.
This $4000 includes, Attorney fee, Medical exam fee, Flight tickets to attorney office, Mailing charges etc.
This $4000 includes, Attorney fee, Medical exam fee, Flight tickets to attorney office, Mailing charges etc.
more...
pictures funny babies Pictures, Photos
.jpg "Funny babies")
abhijitp
07-06 02:16 PM
Thanks Dr Bahrainwala for your efforts, thanks LogicLife for the update.
We should work to gain more media coverage.
We should work to gain more media coverage.
dresses Baby Hitler
rockstart
02-23 03:10 PM
you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too
more...
makeup 10 Funny Babies Making Faces
hebron
07-06 03:47 PM
Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. Republicans will be against any sort of amnesty, so not a thing will happen till November, but there may be chances of piecemeal legislations to address legal immigration issues if Republicans get the majority.
I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .
I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .
girlfriend Photographers Funny Baby
eb3_2004
07-02 05:22 PM
Medical 350*2=700
Kinkos(Xerox)-10$
Photos 15$
Total 725$
Kinkos(Xerox)-10$
Photos 15$
Total 725$
hairstyles Funny Baby Wallpapers, Funny
abhijitp
08-27 07:25 PM
Very good effort Drona.... go IV, go California!
All other states, raise to the occasion... show that you can beat us!
If you need assistance with logistics, help yourself by going here:
http://immigrationvoice.org/forum/showthread.php?t=12441
All other states, raise to the occasion... show that you can beat us!
If you need assistance with logistics, help yourself by going here:
http://immigrationvoice.org/forum/showthread.php?t=12441
mbartosik
01-27 01:23 PM
To he who handed over $7K.....
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
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
