file485
12-22 07:34 PM
thanks UN for the reply..
what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...
now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..
also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..
jeez ..so stressed out of this GC mess..
pls let us know..
what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...
now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..
also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..
jeez ..so stressed out of this GC mess..
pls let us know..
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rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
pappu
12-28 10:56 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
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abhijitp
08-03 02:47 PM
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
I asked my USCIS approved civil surgeon.
He agreed to give me new copies for a fee of $35 per head. Hopefully people don't have to re-submit. I am going to believe this gentleman @ USCIS NSCS who told me at least if you receive a RN/ A# then you don't need to worry about an outright rejection.
Aquarianf, no I did not ask, but I would want to send out the EVL in advance quoting the A#. It may not help, but common sense says it cannot hurt.
Wish you all the luck Abhijit.
I asked my USCIS approved civil surgeon.
He agreed to give me new copies for a fee of $35 per head. Hopefully people don't have to re-submit. I am going to believe this gentleman @ USCIS NSCS who told me at least if you receive a RN/ A# then you don't need to worry about an outright rejection.
Aquarianf, no I did not ask, but I would want to send out the EVL in advance quoting the A#. It may not help, but common sense says it cannot hurt.
more...
snathan
11-13 01:24 AM
Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
Please first donate before demanding IV to spend for you.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
Please first donate before demanding IV to spend for you.
vandanaverdia
09-11 12:36 PM
GET UP!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
more...
thepaew
05-26 08:29 PM
I have no problems if Americans want to institute a totalitarian state. But, I do not think that random searches will pass constitutional muster.
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
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furiouspride
08-10 01:59 PM
I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
more...
bugsbunny
05-23 06:08 PM
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
lol this is hilarious
Another thing you look down on....IT workers
Isn't your neck aching from looking down on so many people? :D hahaha
Slow down...i am loosing count of the number of things you look down on :D
lol this is hilarious
Another thing you look down on....IT workers
Isn't your neck aching from looking down on so many people? :D hahaha
Slow down...i am loosing count of the number of things you look down on :D
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vagish
04-04 03:03 PM
This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?
sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
guess what if they pass a bill to reduce retrogression along with other provisions,
like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
there won't be any free riders any more , many in america are becomming aware of this day by day.
thanks
sometimes they say don't wish, your wish might come true, we are fighting for retrogression thinking that it is the worst possible thing of our lifetime,
guess what if they pass a bill to reduce retrogression along with other provisions,
like the one's mentioned by Durbin's bill and then many would become ineligible for GC at the first place.
Once thing is sure, if the GC or H1B numbers are increased, it will come with some good enforcement measures and some other provisions which would tighten this whole process.
there won't be any free riders any more , many in america are becomming aware of this day by day.
thanks
more...
piyu7444
01-31 04:39 PM
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
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nervous-wreck
03-15 05:51 PM
what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
more...
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amitjoey
01-18 11:51 AM
Need 898 members with minimum of $20 monthly recurring.
If you set yourself up for monthly contribution please deduct a number from 898
If you set yourself up for monthly contribution please deduct a number from 898
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permfiling
11-09 03:31 PM
Nope, not yet.
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
How long did it take to get CPO email and card since 485 approval notice?
Thanks
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
How long did it take to get CPO email and card since 485 approval notice?
Thanks
more...
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dealsnet
06-01 09:40 PM
Headed to Canada, Mexico, Bermuda or the Caribbean? Here's a tip: Take your passport to avoid a headache coming home.
U.S. and Canadian citizens must present approved ID at land and sea borders
The rule was scheduled to take effect more than a year ago
Some business and tourism groups fear that regulations will hurt business
U.S. border officials say electronic passport readers should expedite traffic
READ MORE
http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html
U.S. and Canadian citizens must present approved ID at land and sea borders
The rule was scheduled to take effect more than a year ago
Some business and tourism groups fear that regulations will hurt business
U.S. border officials say electronic passport readers should expedite traffic
READ MORE
http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html
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jonty_11
07-11 04:37 PM
>>>>>>>>
more...
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CSPAvictim
07-09 07:31 PM
1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:
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reddog
07-24 09:44 AM
As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).
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logiclife
02-16 12:05 PM
Call the phone number under "Contact Us" tab and you will be in touch with people who are volunteers and founders of this org. Talk to them and see what the whole deal is about getting this name check issue into main agenda.
--logiclife.
--logiclife.
rockstart
07-12 11:32 AM
Simple EB2 takes more priority over EB3 so EB2 ROW flow first to EB2 India & China and if there are more they will go to EB3
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Why didnt the EB2 ROW number trickle to ROW EB3 first?
luvschocolates
08-21 02:17 PM
If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.