addsf345
12-31 05:21 PM
NEED HELP!!! what are my options?
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
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sc3
08-20 02:00 PM
It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.
"
That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.
Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.
Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.
I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.
Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.
"
That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.
Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.
Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.
I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.
SunJoshi
12-31 11:22 AM
Any member from IIT Bombay, please contact me ASAP.
We have a very important lead to work with.
We have a very important lead to work with.
2011 house 2010 2010 Andy Murray#39
bestofall
08-21 12:40 PM
I dont think it's true, I saw these rates are under international calling plan, so we are not signing up to that plan, so I would strongly believe that all cell phone calls are included to India, the same thing you can see when we click on the 60 countires list.....so find out with the tech support guys and keep update here to get the accurate answer on this...
I just spoke to customer service .they mentioned all cell calls to india are free under this WORLD plan.who ever is signing up , can proceed , can call customer service to confirm this as well to avoid any surprise charges
I just spoke to customer service .they mentioned all cell calls to india are free under this WORLD plan.who ever is signing up , can proceed , can call customer service to confirm this as well to avoid any surprise charges
more...
sparky_jones
01-26 01:05 PM
My experience with British Airways back in 2004 was actually quite good. My flight to Delhi was delayed by 12 hours. I approached a BA agent, and he helped me get a 24 hr UK visa to leave the airport, a hotel room at the airport, and meal coupons. I was traveling on Indian passport with a valid unexpired H1B visa stamp (the agent did tell me that he was able to do all this for me since I had an unexpired US visa).
I was in a similar situation in 2003 travelling with Air France, and they refused to extend any help whatsover. I didn't have an unexpired US visa in my passport at that time. I have heard from others who've had good experiences with Air France.
I guess one's experience with an airline completely depends on the prevailing circumstances, the specific service agents, and one's own level of patience and tolerance. Its hard to characterize any one airline as particularly good or particularly bad.
However, having an unexpired US visa in one's passport definitely puts one is a better position to negotiate in difficult circumstances. I guess the prevailing opinion among several of these European transit countries is that if you have a valid unexpired US visa, you are less likely to cause trouble or seek asylum in their country.
I was in a similar situation in 2003 travelling with Air France, and they refused to extend any help whatsover. I didn't have an unexpired US visa in my passport at that time. I have heard from others who've had good experiences with Air France.
I guess one's experience with an airline completely depends on the prevailing circumstances, the specific service agents, and one's own level of patience and tolerance. Its hard to characterize any one airline as particularly good or particularly bad.
However, having an unexpired US visa in one's passport definitely puts one is a better position to negotiate in difficult circumstances. I guess the prevailing opinion among several of these European transit countries is that if you have a valid unexpired US visa, you are less likely to cause trouble or seek asylum in their country.
karl65
08-11 12:35 PM
I called today to help a friend who has been stuck in namecheck status for almost a year and a half and spoke to an immigration officer who calmly explained to me that the name check isn't done only nationally but also "internationally" meaning, not only do they do a background check on you in the US, they also look you up in your country of origin. In all my time reading about this I have never heard her version before, so I had assumed the namecheck was only done at the national level. No wonder it's taking so long, with the FBI waiting for a response from those countries. :(
Unfortunately it is true. I have read that this check is done especially for people whose country is consider in risk. For example I am from Peru. My country has drug traffic problems, so my name must be checked with the Peruvian police records too.
That�s life!!!!!!
Unfortunately it is true. I have read that this check is done especially for people whose country is consider in risk. For example I am from Peru. My country has drug traffic problems, so my name must be checked with the Peruvian police records too.
That�s life!!!!!!
more...
logiclife
01-09 12:05 AM
Thanks,
logiclife.
logiclife.
2010 A shirtless Andy Murray
makemygc
06-15 01:41 PM
Filed for EAD for my husband along with the I 485's and have had all receipts, also had fingerprints done already, exactly one month after the receipt date. Sent both entire packets of forms with checks to Nebraska. We did not file advanced parole since I still have a valid H1B and plan to stay in my current job until I get my card. Husband will work on EAD and will not travel until gets his card, no family left in England.
Don't you have to file Advanced Parole for your husband or can he travel just on EAD?
Don't you have to file Advanced Parole for your husband or can he travel just on EAD?
more...
chanduv23
03-26 04:48 AM
The corporation can always say they have a policy to not hire someone with temporary work permit and there is no law against it. It is sad but that's how it is.
I don't think so. EAD is a valid form of employment, just like a Greed Card. If it is not then why certain employers hire u on EAB and why crtain do not?
It is just a matter of filtering out by claiming policy.
Most times, the hiring manager never gets into these things. Hiring manager is more concerned about skills and about how a peron fits the job best, but then in big corporations a lot of nepotism works (which is a different topic altogether and we can discuss nepotism in a different thread). It is the matter of how resumes are presented to the hiring manager and how the manager can be influenced prior to submitting the resume.
If a reqruiter or a HR starts fussing about ur resume and goes back and forth about EAD etc.... ur resume is never even going to the hiring manager no matter how much you convince.
In one instance, when I applied for a job, the reqruiting agency did all the initial crap discussion about skills, visa status etc..... after 2 days she gets back to me and first question is, "I know you are past 180 days on EAD, but can you tell me when you will get a Green card", I told her "I will get it anaytime and will continue using EAD till then". She said "Oh great". Then after an hour she calls me back "I just noticed on your resume that you have 2 short term projects, we place people in these companies and they stay for years together" , I said "contract projects can be short term/long term and there were personal reasons for me to hop these projects but you are most welcome to talk to the managers who I worked with", she dais "Oh absolutely not a problem". Then after half an hour she calls me "This work location may not be the best for you especially because you have to pay a toll on whitestone bridge, would you want to consider something in Manhattan?" I respond "Toll is fine, please go ahead and submit". Then she responds "Hmmm, ok".
I did figure that she did not want to deal with EAD but she was taking me on a roller coaster going back and forth. she never submitted my resume to tyhe hiring manager.
I don't think so. EAD is a valid form of employment, just like a Greed Card. If it is not then why certain employers hire u on EAB and why crtain do not?
It is just a matter of filtering out by claiming policy.
Most times, the hiring manager never gets into these things. Hiring manager is more concerned about skills and about how a peron fits the job best, but then in big corporations a lot of nepotism works (which is a different topic altogether and we can discuss nepotism in a different thread). It is the matter of how resumes are presented to the hiring manager and how the manager can be influenced prior to submitting the resume.
If a reqruiter or a HR starts fussing about ur resume and goes back and forth about EAD etc.... ur resume is never even going to the hiring manager no matter how much you convince.
In one instance, when I applied for a job, the reqruiting agency did all the initial crap discussion about skills, visa status etc..... after 2 days she gets back to me and first question is, "I know you are past 180 days on EAD, but can you tell me when you will get a Green card", I told her "I will get it anaytime and will continue using EAD till then". She said "Oh great". Then after an hour she calls me back "I just noticed on your resume that you have 2 short term projects, we place people in these companies and they stay for years together" , I said "contract projects can be short term/long term and there were personal reasons for me to hop these projects but you are most welcome to talk to the managers who I worked with", she dais "Oh absolutely not a problem". Then after half an hour she calls me "This work location may not be the best for you especially because you have to pay a toll on whitestone bridge, would you want to consider something in Manhattan?" I respond "Toll is fine, please go ahead and submit". Then she responds "Hmmm, ok".
I did figure that she did not want to deal with EAD but she was taking me on a roller coaster going back and forth. she never submitted my resume to tyhe hiring manager.
hair 2010 2010 Andy Murray#39;s
zram1977
08-13 11:41 AM
Hello guys
Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)
thanks
The same thing happened to me... today morning...
Hi Techeforever...
qq
Is it in San jose,ca ?
Thx
Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)
thanks
The same thing happened to me... today morning...
Hi Techeforever...
Is it in San jose,ca ?
Thx
more...
sathishkrish
01-08 02:43 PM
If you dont have PR, the rateyou pay is higher. Some deny loans as well.
I own a Home and they asked me for drivers license - thats all. I pay interest rates as anyone does ...
I own a Home and they asked me for drivers license - thats all. I pay interest rates as anyone does ...
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feedfront
09-12 11:35 PM
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
more...
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fcres
07-31 03:44 PM
1. If a Receipt Number is issued for a I-485, does it necessarily mean that the case won't outright be rejected for a missing document/ evidence, but instead an RFE will be issued?
2. When a receipt number is issued for a I-485, and if we send out the missing document/initial evidence using the allocated A#, is there a good likelihood that the evidence/document will make it to the appropriate file?
Answers to these will help make a decision on filing multiple I-485's where the first I-485 missed some initial evidence.
Thanks!
One more thing: I was about to make another private consultation call today. I pledge contributing $200 if I find a concrete answer to this issue without having to consult one more lawyer.
My laywer ( a known one, but not the regulars here) also didn't include EVL. When i asked him about it, he said whether we include it now or not, they will issue an RFE at the time of adjudication. I was content with that, but after reading about it more here, i pressed him again about the issue and the new memo. He said he does not foresee a denial because of this, but if i'm worried we will send the EVL along with a cover letter and the RN. But filing another 485 is not advisable. I'm working on the EVL, and once he is less busy after Aug 17th i will ask him to send it. And i hope it will make it to the right file if we include the RN and A#, just like replying to an RFE.
btw, to answer #1, i did get RN so i would think the case may not be outright rejected for missing evidence. I did FP and my LUD was changed for 485 and 131. I filed 765 later and that also has an LUD after FP.
2. When a receipt number is issued for a I-485, and if we send out the missing document/initial evidence using the allocated A#, is there a good likelihood that the evidence/document will make it to the appropriate file?
Answers to these will help make a decision on filing multiple I-485's where the first I-485 missed some initial evidence.
Thanks!
One more thing: I was about to make another private consultation call today. I pledge contributing $200 if I find a concrete answer to this issue without having to consult one more lawyer.
My laywer ( a known one, but not the regulars here) also didn't include EVL. When i asked him about it, he said whether we include it now or not, they will issue an RFE at the time of adjudication. I was content with that, but after reading about it more here, i pressed him again about the issue and the new memo. He said he does not foresee a denial because of this, but if i'm worried we will send the EVL along with a cover letter and the RN. But filing another 485 is not advisable. I'm working on the EVL, and once he is less busy after Aug 17th i will ask him to send it. And i hope it will make it to the right file if we include the RN and A#, just like replying to an RFE.
btw, to answer #1, i did get RN so i would think the case may not be outright rejected for missing evidence. I did FP and my LUD was changed for 485 and 131. I filed 765 later and that also has an LUD after FP.
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tikka
06-25 04:23 PM
http://immigrationvoice.org/forum/showthread.php?t=5470
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
more...
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Karthik Thambidurai
07-11 01:47 PM
Wrote an email to NPR (National Public Radio).
I also wrote to John Stossle 20 / 20 for a coverage (Skilled immigration) but haven't had any reply.
I also wrote to John Stossle 20 / 20 for a coverage (Skilled immigration) but haven't had any reply.
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pappu
09-09 12:10 PM
Please post on other sites and your blogs so that we have more participation
more...
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mallu
09-11 05:56 PM
CIS Ombudsman's annual report.
The information might have been posted earlier...
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
page 37 - 44 - detail the problem and proposed solution
the flow chart on page is 42 gives a good description
So , the USCIS says they get 39% positive response from FBI namecheck. Does that mean
for those 39% the GC/Citizenship is denied? I haven't heard much about folks getting GC denied because of critical FBI report. The Ombuds is unable to determine how much of the 39% positive response cases were already covered by other means of check. .
I think their reasoning could be like this "Even if 1 million good guys are put to difficulty because of the false hits, if they can catch 1 bad guy with the process, they will continue to do so". The only solution appears to increase the resources/money.
The information might have been posted earlier...
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
page 37 - 44 - detail the problem and proposed solution
the flow chart on page is 42 gives a good description
So , the USCIS says they get 39% positive response from FBI namecheck. Does that mean
for those 39% the GC/Citizenship is denied? I haven't heard much about folks getting GC denied because of critical FBI report. The Ombuds is unable to determine how much of the 39% positive response cases were already covered by other means of check. .
I think their reasoning could be like this "Even if 1 million good guys are put to difficulty because of the false hits, if they can catch 1 bad guy with the process, they will continue to do so". The only solution appears to increase the resources/money.
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chintu25
01-09 11:04 AM
Letter Sent:)
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ivar
08-20 11:21 AM
Dude, Are you joking.... Is there a link or something u can pass on... Dont be a DH....
BR,
Karthik
Karthik,
what is DH....? means
go to www.vonage.com and click on plans
BR,
Karthik
Karthik,
what is DH....? means
go to www.vonage.com and click on plans
lazycis
01-24 01:18 PM
I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me.
You should just fill a dispute form and send it to your credit card issuer. It's probably not too late. The bank can and should refund you the overpay.
You should just fill a dispute form and send it to your credit card issuer. It's probably not too late. The bank can and should refund you the overpay.
p_kumar
07-09 06:40 PM
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
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