I-140 EB3 returned - URGENT HELP!!!!!!!!

Alnark

Registered Users (C)
Dear all,

My I-140 documentation has been returned to my lawyer because there was no VISA space available for EB3 category.

I have more than 11 years experience in my area (Business Administration). Can my lawyer change the Employment Based VISA category to EB2 and refile I-140?

I don't know what to do. I only have 60 days on my tourist VISA.

Is it possible to file for a temporary work permit??(H VISA) How long thas that take?

PLEASE GIVE ME SOME OPTIONS AND SOME HOPE!!!!!

I thank you all in advance. Your help was very helpfull during the PERM process.
 

Alnark

Registered Users (C)
I-140 EB3 returned

My lawyer presented together I-140 , I-485 and I-765 (work permit), but she said that she got the papers back with that explanation (no VISA available for EB3)

Do you think it makes sense?
 

Alnark

Registered Users (C)
I-140 EB3 returned

As many of the people who intend to inmigrate to this country, I also had a lack of knowledge in the field. And that's why I hired a lawyer.

I told my lawyer about the comments I read in the forum, but definitly, they seem that to matter the lawyer.

If you know so much about this as it seems, please clarify me what was suppose to be done in my case, once the labor certification was approved (MAY 2006) and I have a tourist VISA that expires on SEP 19 2006.

Do you meant that there never was a chance to stay and work legally?? If that's the case I should start a lawsuit against my lawyer for making me pay so much money knowing that there was no chance.

And why do you say that I have violated my non inmigrant VISA?

Thank you for your response
 

Alnark

Registered Users (C)
I-140 EB3 returned

One more thing what does it mean that If you are in eb3 from india then you would need to wait until visa date passes your priority date. Currently it is April 2001????

It means that I would have to wait for 5 or 6 years to start the I-485??

Thank you for the response
 

Alnark

Registered Users (C)
I-140 EB3 returned

I'm so dissapointed, sad, angry and overall I'm frustrated because some lawyers sale dreams and mine is almost a nightmare.

I don't know what I'm going to do now. I'll have a meeting with my lawyer next week and I'm going to demand a very good explanation and a solution if there's any.

Thank you for your answers, even though they don't give hope.
 

EB1OR@NSC

Registered Users (C)
Well Alnark till now you have done nothing illegal or violated your nonimmigrant visa.

But the bad news is (as mentioned by unitednations) that you have shown immigrant intent by filing I140. Hence, most likely (read 99%) they will not approve or extend a future nonimmigrant visa in your case.

Secondly, no H visas (dual-intent visa) are available before October 2007. Your company can apply for that sometime in March or April 2007. But there is no way you can work for the company before Oct 2007 under H.

Do not stay in US beyond Sept 19 when your tourist visa expires if you have any future GC or H visa hopes.

I don't understand why they returned your I140. USCIS should have processed your I140 and approved it if everything was in order. They should have only returned your I485 and I765.

However, you cannot work with an approved I140 as it is for a future job.

Bottomline - You have no chance to legally work in US before Oct 2007. EB3 GC is taking 5-6 yrs as of now.
 

Alnark

Registered Users (C)
I-140 EB3 returned

Thank you for such a clear and easy response EB1OR@NSC.

The clarification about the illegal part is very good to know, because unitednations didn't respond to me why I was doing something illegal.

I have just hung up with my lawyer, I said many things but I don't regret. It looks like the lawyer understood that he omitted some important things...Though he said that inmigration gave back the I-140 together with I-485 and I-765 (work permit) telling him that there was no VISA available for EB3 category. I STILL DON'T UNDERSTAND WHY THEY DIDN'T PROCESSED I-140 if everything is OK.

Inmigration told her that there is the possibility to make an amendmend to the petition by saying that I can qualify for EB2 category(which I do, because I have already 11 years of experience in my area), for which there are VISAs available.

One question. Regardless of the option presented by my lawyer, if I-140 is accepted as it is (EB3), can't I get the I-765 to start working??? Do you know about the I-765?

Thanks for your help
 

EB1OR@NSC

Registered Users (C)
Alnark, unfortunately the lawyer is again giving you wrong information.

Firstly, EB2 numbers are not available. The priority date of EB2 for indian nationals is about mid-2003 right now. Going by that, EB2 GC takes 3 years right now just to apply I485. But priority dates can quickly or slowly move forward or backward. Hence, nothing is certain.

Hey! but if you are not an indian national (meaning not born in India) then EB2 numbers are available and you can file I485,I765 with I140

But your lawyer is incorrect to say he can ammend your application to EB2. That is not possible. The company through a lawyer will have to redo your PERM and make sure that the job has EB2 requirements. After PERM approval you will have to prove your EB2 qualification through I140.

No you cannot file I765 based on I140 approval. I765 or work permit application is a derivative of I485 application.

Bottomline - if you were born in India you have no hopes to work legally in US before Oct 2007.

So for your sake I hope you are not Indian or chinese or mexican :)
And if you are not then make sure the company starts processing your EB2 perm right away.

Never be out of status - it can be a pain in the ass
 

Alnark

Registered Users (C)
I-140 EB3 returned

Thank you once again for the info EB1OR@NSC.

First of all, and thankfully especially at this moment that I'm going through, I'm not chinese, nor mexican nor indian. So my lawyer was right by saying that there's some VISA available for EB2, except for those nationalitys as you mention in your mail.

We have decided to start the whole PERM process again :( and also to try to get a VISA extension for another 6 months in order to avoid traveling abroad.

I am very frustrated because if I have to travel abroad, together with my family, we won't be able to come back as tourists until we have a result from the inmigration process.

Anyway...destiny it is. I've already offered some things to Ganisha and still have hope that miracles do occur. If not....there will be no other way that wait in my country who knows how long.
 

EB1OR@NSC

Registered Users (C)
Unfortunately Alnark, your extension of status will be denied. Please do not let your lawyers lie that no I140 has ever been filed for you. Hmmmmm... however your I140 was returned so I don't know what that means

I think since you sent it to USCIS it means you filed I140.
Or.. if they returned it without receipting it or not processing it at all.. then may be it is not filed. I don't know what that means. Talk to a good attorney.

Eitherways it will be very easy for USCIS to see that you have immigrant intent so your extension will be denied. Again - do not lie or misinform to USCIS, otherwise your will jeopardize your future in US.

Your best bet - Get EB2 PERM approved quickly. Then concurrently file I140, I485, I765, and AP. If you are able to fiile I485 before Sept 19, then you can stay in the country as pending AOS. Otherwise you have to leave US and apply for Counslar Processing after your EB2 I140 is approved
 

EB1OR@NSC

Registered Users (C)
BTW unitednations there is no need to judge Alnark so harshly. There are so many people who come on a non-immigrant student F visa and then apply for COS or AOS. Isn't that the same thing?
 

worrieddude

Registered Users (C)
Alnark said:
Thank you once again for the info EB1OR@NSC.

First of all, and thankfully especially at this moment that I'm going through, I'm not chinese, nor mexican nor indian. So my lawyer was right by saying that there's some VISA available for EB2, except for those nationalitys as you mention in your mail.

We have decided to start the whole PERM process again :( and also to try to get a VISA extension for another 6 months in order to avoid traveling abroad.

I am very frustrated because if I have to travel abroad, together with my family, we won't be able to come back as tourists until we have a result from the inmigration process.

Anyway...destiny it is. I've already offered some things to Ganisha and still have hope that miracles do occur. If not....there will be no other way that wait in my country who knows how long.

Good job, come here as tourist and get GC. I like your idea, hope more people do not do such crazy things. If this is happening to you, I do not blame the system. The Visitor Visa is given to people who will not immigrate. So you lied when you got the visitor visa (and that too for the family as well).

Thanks to people like you, legitimate people like parents who want to visit their children and grand children get their visitor visa rejected.

If you try to beat the system, this will beat you back nicely and with bonus.
Next time do things the right way (If at all you learn from this).

BTW which country /state are you from?
 

Alnark

Registered Users (C)
I-140 EB3 returned

Hello all again.

I know it's easy to write things and blame people without having the correct information to really make a good judgement.

First of all, specially for worrieddude, who definitly has no idea of my case and for others that would like to understand better why I'm in my situation, I want to make clear that it wasn't my intention neither my family's to inmigrate to USA.

I was working as a country manager for a huge multinational company in my country, until my second baby had to be born. Because there where serious medical conditions both for my wife and the baby, doctors in my country suggested that the best place for delivery was in the USA, in a specialized private hospital. Thank God, everything went fine but recovery of both took longer than we thought. While here and because I use to travel at least 6 or 7 times a year to USA, I knew a lot of people, one of whom knowing my situation, offered me the possibility of hiring me for his company and that's why we went through the whole PERM, I-140 process.

We were happy and living very well in our country, but there is a lack of qualified medical service and with the life of my family, I would never risk a penny.

The problem of people (parents or not) that are rejected for visiting the USA is not from people legally trying to inmigrate(MY CASE!!) even though there where changes in the process (from B2 to GC) but from people who COME HERE ILLEGALLY and or STAY HERE ILLEGALLY and that besides that ABUSE the SYSTEM with medicaid and other benefits.

I have done nothing illegally and everthing I've done was following the LEGAL options available to pursue my objectives.

So before anybody can judge me or anyone make sure you know all the facts to do so. It's easy to generalize, especially with the Inmigration issue, but the FACT IS ANYBODY HAS THE RIGHT TO INMIGRATE TO THIS COUNTRY AS SOON AS THEY FOLLOW THE LEGAL PROCESSES, NO MATTER WHICH THEY ARE!
 

worrieddude

Registered Users (C)
m
Alnark said:
Hello all again.

I know it's easy to write things and blame people without having the correct information to really make a good judgement.

First of all, specially for worrieddude, who definitly has no idea of my case and for others that would like to understand better why I'm in my situation, I want to make clear that it wasn't my intention neither my family's to inmigrate to USA.

I was working as a country manager for a huge multinational company in my country, until my second baby had to be born. Because there where serious medical conditions both for my wife and the baby, doctors in my country suggested that the best place for delivery was in the USA, in a specialized private hospital. Thank God, everything went fine but recovery of both took longer than we thought. While here and because I use to travel at least 6 or 7 times a year to USA, I knew a lot of people, one of whom knowing my situation, offered me the possibility of hiring me for his company and that's why we went through the whole PERM, I-140 process.

We were happy and living very well in our country, but there is a lack of qualified medical service and with the life of my family, I would never risk a penny.

The problem of people (parents or not) that are rejected for visiting the USA is not from people legally trying to inmigrate(MY CASE!!) even though there where changes in the process (from B2 to GC) but from people who COME HERE ILLEGALLY and or STAY HERE ILLEGALLY and that besides that ABUSE the SYSTEM with medicaid and other benefits.

I have done nothing illegally and everthing I've done was following the LEGAL options available to pursue my objectives.

So before anybody can judge me or anyone make sure you know all the facts to do so. It's easy to generalize, especially with the Inmigration issue, but the FACT IS ANYBODY HAS THE RIGHT TO INMIGRATE TO THIS COUNTRY AS SOON AS THEY FOLLOW THE LEGAL PROCESSES, NO MATTER WHICH THEY ARE!

Sorry to hear about your medical problems. You still have not indicated which country/state you are from.

To set things straight:
A visitors visa is for visting purpose only, Not to come here and change plans and try for GC/citizenship. That is why consular officers try to determine whether you plan to settle down in the US, when you are applying for a visitors visa.

So you came here for medical issue and are trying to immigrate is going against the policy of Visitors visa. You may JUSTIFY this what ever manner you want, but the fact remains that you are trying to beat the system.

Who cares whether you were a country manager in a multinational or wherever. That does not matter anyway. Human nature remains the same whether you are a pauper in the street or a king. If you are trying to take advantage and beat the system, if you get caught YOU WILL DESERVE WHAT YOU GET . Do not blame anybody for that.

You may say that you are trying to immigrate legally, but that is not the case. You have violated the terms of the visitors visa, so is that not ILLEGAL?

Think over this. This is my 2 cents. Take it or leave it.
 

Alnark

Registered Users (C)
I-140 EB3 returned

Dear Mr Humanistic,

I really see that you're hurt by the fact that your parents or whoever close people where the ones that couldn't get a US VISA in your country, but you should also think that if they didn't get it THERE SURE IS A GOOD REASON.

Second, I don't know what is it that you don't understand about the LEGAL part. If you're saying that changing from a B2 to a permanent resident status is ILLEGAL then you should ask attorney Rajiv S. Khanna and the millions of inmigration attorneys how many cases they have processed from B2 to GC to Residence and thay way YOU WOULD CLARIFY YOURSELF ABOUT LEGAL and NOT LEGAL.

Third, there is a huge difference between a pauper in the street and a king and I'm sure you KNOW THAT VERY CLEAR. The difference of both you see it in the labor market (the kings on top of the companies and the paupers go from cleaning bathrooms and working in restaurants to administrative positions in companies) THIS HAS NOTHING TO WITH GOOD OR BAD or ANY HUMANISTIC ISSUE. It has to do with the fact that if YOU ARE A KING you don't have nor need to come to this country for a BETTER FUTURE and go through all the processes it takes. I DIDN'T NEED TO. MY REASON WAS AND IS MEDICAL. DESTINY WAS THE REST.

Finally, THIS IS A FREE COUNTRY and you can THINK AND SAY what you want. And I CAN DECIDE AND CHOOSE IF I WANT OR NOT TO TAKE YOUR ADVICE. IN THIS CASE, I can only tell you to keep YOUR 2 PENNIES BECAUSE YOU SURE NEED THEM MORE THAN ME.

Thank you for your comments and HAVE A GREAT DAY. I HOPE YOU'RE ALREADY LEGAL here.
 

worrieddude

Registered Users (C)
First Learn English. Your English sucks big time.

Next DO WHAT THE HECK YOU WANT. Nobody cares. If you get caught in a GC mess that is your fate.

Point of B2 Visa is for Visiting. Not for GC purpose. GET THIS FACT STRAIGHT.
 
Top