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| Hello, I'm jan072003
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I am from India
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I last logged in on 01 Aug 2008
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I have been a member since 26 Feb 2007
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| I have added
17 posts in trackitt forums
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I added my last post on 27 Jul 2008
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jan072003's Immigration Cases
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| I-140 case:
Denied after 420 days (5 comments) (View approval trend) |
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| User: |
jan072003 |
Labor Filing Date: |
07 Jan 2003 |
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| Service Center: |
Nebraska |
Processing Type: |
regular |
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| Category: |
EB3 |
Filing Type: |
non-concurrent |
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| Application Mailed: |
20 Apr 2007 |
USCIS Received Date: |
26 Apr 2007 |
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| USCIS Notice Date: |
26 Apr 2007 |
RFE: |
yes |
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| RFE Reply Date: |
28 May 2008 |
I-140 Status: |
denied |
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| Denial Date: |
19 Jun 2008 |
Nationality: |
India |
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| Last Updated: |
23 Jun 2008 |
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| Notes: |
A2P RFE denied |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: MTR dates, information & results
I have filed my MTR and I some questions, as I totally frusted with the whole situation and just can't decide what to do:
* Priority date: 7th January 2003
- I140 rejected twice, once under EB2 and thereafter under EB3 (based on same labor application 3 years Bachelors degree issue)
- Appeal filed for EB3 rejection (for I140 and I485) on 18th June 2008
- What options do I have?
a. Can I work on EAD till my appeal is pending? (I have read in this topic itself it is allowed)
b. Can I file for H1B extension based on pending appeal? (I think the answer is yes)
c. Once such H1B extension is approved can I transfer my H1B to another company and start a new GC application
- Can I start a fresh GC process all our again based on fresh labor with the new (or existing) company? If yes, can I extend my H1B based on pending I140 application (once the labor is approved), the I140 application won’t be pending for more than year and I will be beyond 11 years in US?
- Should I wait for one year and start H1B all from scratch which is now based on lottery system. When this one year window starts, is it from the prior H1B expiry period?
- Is it better to join company in India, work with them for one year and go for L1 visa option? |
Topic: Help! i485 denied WHILE traveling in China using Adv Parole
Hello Eric55418,
Just to share some good news with you.
I entered USA today through Newark airport without having any problems. As I mentioned in my earlier note, my I140 & I485 got denied while vacationing in India. I could able to enter country based on my AP which is expiring in month of September. Though my lawyer has filed for appeal they didn't even asked for any case status. I was travelling with tremedous pressure and I was carrying all my appeal documents with me, but absolute not even basic questions were asked. May be I was lucky today, but thought sharing my experience. It was a long wait at Newark airport today due to rush and less staff at secondary screening area.
I won't suggest you to take this risk but atleast it worked for me.
Thanks, |
Topic: MTR opened
My lawyer has filed for MTR (appeal option) last week. Generally what happens next, does my I140I485 status will change or will I be getting a new receipt number? How long generally it takes to change the status to pending? |
Topic: Help! i485 denied WHILE traveling in China using Adv Parole
Hello Friend,
My MTR was filed on Friday, and I now waiting for status to change to pending so that I can atleast use my AP to enter US.
I also got similar response from USICS customer services regarding Port of Entry inspector don't have access to final case status, unfortunately, I haven't seen this in writing anywhere.
One of the lawyers has told me to carry appeal papers along with me to show the process is on, though there is no guarantee the entry will be granted.
Also other option for me is to file for H1B extention based on pending appeal process.
Lot of unknowns as very few has gone through this situation.
Please do request your lawyer to file for MTR if he or she cannot do it, find another lawyer who can do this for you. I know it is not easy to change lawyers especially when you are away from US, but try your best. |
Topic: Help! i485 denied WHILE traveling in China using Adv Parole
Hello,
I am in same position as you and I am in India while my I140 & I485 got denied. My lawyer has filed for MTR today and based on filed MTR I am planning to travel as my AP has not expired yet. Though I may not be allowed entry in US but I got this response from USCIS customer service (not sure how reliable this is) as same is not in writing any where.
My friend I know how it feels if such situation arises, I am going through hell for last couple of weeks. Only someone going through this situation will feel the pain.
Do let me know if you get any information.
Regards, |
Topic: Help! i485 denied WHILE traveling in China using Adv Parole
Hello,
I am in same position as you and I am in India while my I140 & I485 got denied. My lawyer has filed for MTR today and based on filed MTR I am planning to travel as my AP has not expired yet. Though I may not be allowed entry in US but I got this response from USCIS customer service (not sure how reliable this is) as same is not in writing any where.
My friend I know how it feels if such situation arises, I am going through hell for last couple of weeks. Only someone going through this situation will feel the pain.
Do let me know if you get any information.
Regards, |
Topic: I140 denied - Currently in India
RFE was for A2P and I140 was denied based on Educational evaluation. Labor said Bachelors and hence that's my problem, though EB3 was filed under skilled category.
Due to get separate notices once EAD and AP becomes invalid? |
Topic: I140 denied - Currently in India
I received my denial notice and guess what I got RFE for A2P but I was denied on educational grounds (BCom, CA - EB3 filed under Skilled Category) , though RFE didn't referred to the same at all. If the RFE would not have been misleading I would not have left the country at all.
Not sure whether I can enter on AP as I can say I left US before the denial notice and entering the country based on MTR etc. I can ask for provisional entry (I don't even know whether such things exists) but willing to take this chance.
Or thinking for applying for Visitor's visa or H1B.
I really see no chances with my MTR and after 10 years I have lost all mental energy to start over all again. I really don't want to fight the battle I have lost already. Though it is very hard returning back to India on these denial grounds, rather than leaving on one's own will, but it is extremely stressful to continue in this situation.
Is it worth trying entring on AP? |
Topic: Entering US using AP with Denied I485 but with open MTR
I want to use my AP document to enter US. While on vacation in India my I140 & I1485 got denied, though I never got denial for AP.
- Do you get denial noticies for AP & EAD separately like we get the approvals? Though I read that these documents get denied automatically but I haven't seen any denial notices yet.
- At point of entry does immigration officer check for I485 status on computer? What kind of questions should I expect?
- As I left country before denial will I get a valid reason to enter country to pack-up my belongings?
- We are in processes of filing MTR will this validate my AP and based on this can I travel?
- Can immigration officer grant we limited days stay and issue I94 accordingly?
Please consider my questions are urgent and any valuable input will relive lot of stress I am going through since last couple of days. |
Topic: I140 denied - Currently in India
GCdada,
Yes I haven't received denial notice yet as I am curious to see the denial reason.
I am going to get in touch with Sheela Murthy, as it is worth a try and it is always good to take second opinion.
With H1B extention I have to first file for the same using Premium Processing, do I have to get it stamped at Mumbai or I can use AP? I think I have to get in stamped only then I can enter in US. Any idea? Ofcourse I am going check this with Ms. Murthy and keep you all guys posted. Look how I am spending my vacation. |
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