Mentol Blog's

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Nothing new here. It was denied as per existing law. If original I-140 is un-approavable, ac21 can not help.

So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?

This is really frustrating to see how some states target (segregate?) the legal immigrants.

Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??

The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.

Dear Readers,

This topic may be totally off immigration and I am sorry for that.

Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!

Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)

Please vote for him and make win the CNN Hero prize money which can be used towards his trust.

You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)


Please share the word around with your friends and family!

Thanks a lot... Appreciate your kind gesture!

Thank you very much for the post, and very happy to know of such a Blessed Human being, who was able to have empathy and help alleviate the sufferings of others. Though not exactly connected with the materialistic immigration, but nevertheless, the awareness and performance of Noble deeds definitely helps in Ultimate Soulful Immigration to Higher levels of Human Compassion, to evolve - to be the Human being with kindness and love. God Bless.

Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

ALL Gurus,

My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.

Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

No idea on this..

I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months

Can we have a conservative idea of the net worth of all folks in the queue.
It can be a compelling arguement on how much folks have built from SCRATCH in this country.

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:

In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...

Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

I lost the hope of GC after working 10 years in US because my GC is not approving.

Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).

I did not check your PD. You will get your day....stay calm.

At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.

Based on the facts you gave :

1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.

What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....

Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.

Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.

Come on folks - please contribute towards the efforts

I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.

ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..

joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.

Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?

You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

I voted up the Immigration questions.

Looks like the Anti-Immigration folks are trying to vote down our questions.

- JK

Thanks for sharing your experiences. I am also sponsoring my mother-in-law to come here. I will have to see how this goes.

Calling all WASHINGTONIANS!!! Pls respond!!!

Any IV member got so far ?

Let us make a real history then. I am assuming GCKabhayega can open a new account under different handle. So why not GCKabhayega ask people for more reds so that atleast your this avatar becomes the most despise handle in the history and future of IV!!!
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:

http://www.aila.org/content/default.aspx?docid=6727
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/