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  • shalinip
    03-20 10:23 AM
    I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.

    What are my options going forth:

    (1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

    (2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

    (3) Re-file a new 140 petition?

    Any inputs and other suggestions are appreciated





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  • anshulk77
    07-18 10:39 PM
    i filed my sub labor through a multinational muti million comapny through

    Labor applied date : july 12
    Receipt received today

    So you might get yours in a day or so , if not my lawyer said you could just send a letter with it
    Ask Your attorney Them know what to do.

    Good luck





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  • jonty_11
    03-28 04:38 PM
    just looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...

    This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....





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  • franklin
    07-11 05:50 PM
    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D



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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.





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  • jsb
    10-26 03:06 PM
    Has anybody changed from Attorney to No Attorney? G-28 form has instructions on how to change an attorney, but there is nothing to cancel it altogether.



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  • nk2006
    04-13 12:46 PM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).

    Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.

    If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.





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  • ashkam
    12-03 04:18 PM
    To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.

    Correct me if i were wrong.
    Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
    Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder

    Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.



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  • ritwik_ind
    11-16 03:17 AM
    This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.

    :)


    great... Thanks kirupa.





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  • gsc999
    07-11 02:54 PM
    People who want to volunteer:

    Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
    we need seven members.



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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.





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  • neel_gump
    01-29 11:51 AM
    no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/



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  • go_guy123
    03-30 02:06 PM
    A former colleague of mine from B'Desh got his GC in 14 weeks.

    ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.

    That is exactly the reason why per country quota removal is a difficult task. ROW has lots at stake in ensuring that per country quota is not removed. Fighting for a bigger pie is easier than fighting for a greater slice of the pie.





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  • krishnam70
    07-18 01:53 PM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.


    Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
    lets take it up to him

    http://loubdobbs-truthorlies.blogspot.com/

    cheers



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  • doesntmatter
    05-20 09:47 PM
    lfadgyas - Thanks a lot for replying to my query.

    First I have to apologize I missed out a detail in my question - will update my post to reflect this too. After Nov, 2007 the status of the L1-Extension application has been changed to Denied on April 3, 2002.

    I did have a question about working during L1-Extension, I have been doing research since my last post - please read below:
    8cfr274a.12
    -----------
    20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to �� 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

    Will that put my case in a different situation? If I did start counting, shouldn't I start counting after April 3, 2002 to Sept 2, 2002? That is less than 180 isn't it? Or is this not even applicable?

    Thanks a lot for responding once again.

    Do you or anybody have recommendations of Lawyers?





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  • 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.



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  • hiralal
    05-11 09:18 AM
    no comments on the above ..or a different / better idea ??





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  • anilsal
    09-11 10:45 PM
    and chose standard shipping ( just 1.50 or so more than regular), it is arriving tomorrow.

    So people who are attending the rally, you still can make it.

    BUY IV Merchandise immediately.





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  • anilsal
    10-12 12:06 PM
    in the processing of receipts, EAD and AP. I know it is very frustrating to have not received your receipts.

    All you can do is wait some more time AND call the 800 number once in a while to see if the receipt is being generated.

    As long as you have a fedex tracking confirmation, you should be fine. The receipts will get generated.





    NolaIndian32
    09-01 11:12 AM
    Guys, i don't know how USCIS works, i don't care at this point in time. Just wanted to share with this group, that i did not get a 2nd FP notice. My FP was done on 9/28/07. And as Fromnaija said earlier in this thread, a 2nd FP may not be required if FPs were stored in Biometric Storage System - well, i got my "card production ordered" e-mail today. Hope to have the green card in hand by the end of the month. So again, not having a 2nd FP notice may not be an issue.

    Best of luck to all,
    Nola





    franklin
    07-17 06:05 PM
    Donate so we can continue fighting!

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute



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