Drifter
04-01 06:18 PM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
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immigrant2007
07-16 12:57 PM
Good to know you oppose illegal immigration that is actually destroying American life. My solution to the illegal immigration was same and given months back on this forum. Punish employers harshly with fines (50K per incident) plus 5 years of jail time and put the burden of finding out if person is legal ON the employer. Soon institutions like Equifax/Experian/TransUnion will pop up instead of the current one -EVerify.
You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.
I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only
You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.
I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only
jonty_11
10-02 01:14 PM
A receipt number starting with SRC usually means that the receipt was issued by the Texas Service Center. However, at this moment, the case could be pending at any other center it USCIS transferred it.
Use your receipt number to lookup the case status on the USCIS website. The status will tell you where your case is pending.
Use this link to lookup your case: -
https://egov.uscis.gov/cris/Dashboard.do
I have it just says Texas Center....efile for AP seems to have many Texas offices in the drop down..which one to I choose..
Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
--------------------
On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------
-------------------------------------------
Use your receipt number to lookup the case status on the USCIS website. The status will tell you where your case is pending.
Use this link to lookup your case: -
https://egov.uscis.gov/cris/Dashboard.do
I have it just says Texas Center....efile for AP seems to have many Texas offices in the drop down..which one to I choose..
Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
--------------------
On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------
-------------------------------------------
2011 advance birthday wishes
belmontboy
05-18 04:48 PM
what logic? did you vote for a senator that supports such a bill or are you planning to present it in the senate/house?
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
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rangaswamy
07-02 04:54 PM
Company is paying about 5200 for filing and attorney fees and i paid about 380 for medical
25 for passport photos
plus atleast 30 man hours for filling forms and collecting documents.
25 for passport photos
plus atleast 30 man hours for filling forms and collecting documents.
hunv
04-21 07:49 PM
I wanted to send message also.Do you recommend giving original deatils on the form when sending message to white house and senators.
Thanks
Thanks
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chanduv23
10-10 07:32 PM
SWITCH
S-SATYAM
W-WIPRO
I-INFOSYS
T-TCS
C-COGNIZENT
H-HCL
IS that what this means?
S-SATYAM
W-WIPRO
I-INFOSYS
T-TCS
C-COGNIZENT
H-HCL
IS that what this means?
2010 advance happy birthday.
chanduv23
08-31 08:32 PM
I have now stopped getting phone calls from friends, when I call them they talk to me but divert the topic when I talk about the rally. Many of these people are in real tough situations facing layoffs etc.... but still just do not want to talk about it.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
more...
shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
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Lasantha
02-25 10:41 AM
Good point !
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
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hprl
08-22 10:22 AM
I suspect this thread was copied from that site as the title and most contents are the same!
hot irthday balloons ackground.
eb3_nepa
02-12 12:17 PM
Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
more...
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mihird
09-14 03:31 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
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Pagal
05-18 06:26 PM
Hello Hebbar,
:) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..
The proposal is good, why not try it? What needs to be done?
:) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..
The proposal is good, why not try it? What needs to be done?
more...
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alterego
12-04 04:41 PM
Why is this good news again?
dresses Advance Happy Birthday Wishes
Googler
02-20 05:06 PM
The damn thing was taken down before I could save it. Did anyone save the file?
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makeup wallpaper happy birthday. Happy Birthday Wishes; Funny
Libra
01-11 12:40 PM
596 members online, but only 12 votes, guys, we can do better than this, it's take only 5 mins to sign a letter and mail it. please do it asap.
girlfriend Happpy Birthday in advance!
chanduv23
07-02 04:19 PM
Legal fee (Myself and wife) = $1000 + $500 + $100 (expenses) = $1600
Medical = $ 300
Photos + Stationary + Other expenses = $ 200
Total = $2100
Medical = $ 300
Photos + Stationary + Other expenses = $ 200
Total = $2100
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angelfire76
05-29 09:34 PM
Yes.
mhssatya
01-28 08:52 AM
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
logiclife
12-28 02:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.