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I-140 Denied



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May 16, 2006 08:25 AM

Na

Updated May 31, 2006 at 08:03 PM by christina76

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7 Comments
No. 1
Old May 16, 2006, 08:28 AM

Default Re: I-140 Denied
I have moved your thread to the International Nursing Forum.
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No. 2
from suzanne4
Old May 16, 2006, 08:44 AM

Default Re: I-140 Denied
You need to get those English exams passed as soon as possible. Some have tried switching employers, but that does not mean tha immigration will approve it. You are given a certain amount of time to get the exams completed. The only way that you could get to this point, was if you had an Adjustment of Status filed after you were in the US, toherwise you need to provide proof of passing the English exams before being permitted to work in the US.

If you get a letter from immigratio ngiving you a certain number of days to produce the VSC, or at least proof that you passed the English exams, and you cannot. Legally, you must leave by the date posted.

You are in a bind, because if your EAD needs to be renewed, it means that you have been working already for one year.
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No. 3
Old May 16, 2006, 09:21 AM
Updated May 18, 2006 at 08:36 AM by christina76

Default Re: I-140 Denied
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No. 4
Old May 16, 2006, 09:30 AM
Updated May 18, 2006 at 08:38 AM by christina76

Unhappy Re: I-140 Denied
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No. 5
Old May 16, 2006, 12:59 PM

Default Re: I-140 Denied
Originally Posted by christina76
Thanks for the Reply!
yes, now i'm working in New york hospital .I have 3 years contract with them. If my i 140 become denied , can i able to re-file again with same or diffrent employre?
Thank you very much
Christina76
I would imagine the same problem will be there, passing english exams, Can you not arrange to get english exams done sooner rather than later.
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No. 6
from jonRNMD
Old May 17, 2006, 09:28 AM

Default Re: I-140 Denied
christina, it is the I485 that would be denied not the I140 if you have not yet submitted the visa screen to your service center. I485 would not be adjudicated without the visa screen certificate. in order for you to get the visa screen, you need to pass the english exam. your EAD would not be renewed if your I485 is denied.

my advice: take the IELTS series as soon as possible
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No. 7
from suzanne4
Old May 17, 2006, 07:15 PM

Default Re: I-140 Denied
Doesn't matter how long that your contract is with the hospital. Your EAD needs to be renewed yearly, until you get your green card. And without proof of passing the English exams, it will not be renewed.

You have a contract with a facility, if you can legally work in the US, it has to be thru them. I suggest that you get a tutor, if needed, and get these exams done as soon as you can.
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