Turtle Tattoo Designs

Is your degree 3 years, 4 years or AMIE?


Hi
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3

What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise

Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!

She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.

two words, good luck

did u request a change, ex address change,..


No I did not made any change of address.

BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."

Oh well. I have no option but to wait and see what they sent me.

I'll believe it when I see it!

Freedom1.

I mailed my EAD renewal (Paper filing) with priority mail on 06/23/08 and was received at TSC on 06/26/08 but check has not been en-cashed yet and obviously no receipt. Any body in similar situation? Wanted to know how long it should take get receipt.

This definitely improves the legitimacy of IV and should stop at least some naysayers.

pappu,

Can you please stop each such individual starting a new thread and misguide members. We have serious things to do and this guys are making it too annoying. I believe allowing all such people to start a new new thread is not a good idea.

thanks.

EB2- July 2004, I140-I485 applied in August 2007, recently laid off.

The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.

What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?

Thanks for the help.

This is awesome. I wish I went to Medical school like most of my cousins..too late now

do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing

Oh... I didnt realise. Well atleast now he has some to chose from, i dont mind ;)
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Just passing time anyway. Messed up my Flash MX 2004 instalation and can't get it to work again.... :( (which has nothing to do with stamps I know... nm)


/mette

Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.

Thanks a bunch again for listening to my rant!

Congrats!! Wish you Good Luck

I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.

The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.

Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.

Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
CA state tax is 9.3 % (again please verify because this varies based on your combined income)


As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

Would this extra payment through this channel suffice for the purposes of estimated payments?

Not that , i agree with OP(Infact i am against posting such a news on IV)

Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)

Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )

Voters: 89
freeskier89

Suspicious. :P

Anyways, yay.

My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)

I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.

Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.

Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?

Thanks

Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

Can you request your brother to sign up on IV after his work at his facility? Every member counts!

Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.

Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

Your EB3 applicaiton will not be affected by this new application.

The whole process upto I-140 may cost $10k-15k

Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.

Here is my reading of the amendment.

If you look at the original bill (S2611) Section 508 reads

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

**************************************************

Bingaman Amendment 4181 and 4182 on the other hand state

Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

************************************************** ****

Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

I would appreciate comments as my analysis may be wrong.

I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.

This is totally wrong information.

If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.

If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.