Karthikthiru
04-13 01:32 PM
it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
Singer
10-21 11:10 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
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arnet
09-12 02:17 PM
i think, not sure, if you are in US then for renewal in same visa category (or) to transfer from one visa category to another (like F to H visa, etc.), you can goto canada or mexico or india for visa revalidation.
But for new first time H1 visa, i think you should get it from india based on your home state jurisdication. you can check immigrationportal.com regd this there might be threads related to this...
Disclaimer: I'm nt an immigration attroney.
Please check with one on this issue.
Hi Guys,
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
But for new first time H1 visa, i think you should get it from india based on your home state jurisdication. you can check immigrationportal.com regd this there might be threads related to this...
Disclaimer: I'm nt an immigration attroney.
Please check with one on this issue.
Hi Guys,
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
more...
thomachan72
07-14 06:29 AM
Was there any reason why company A would not take on your GC case?
meridiani.planum
05-11 02:36 AM
Hi All,
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
more...
SertTurk
07-18 02:20 PM
Thanks for the reply.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
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Alabaman
04-30 06:23 PM
all talk... talk talk talk...no action
more...
amoschid
07-18 03:36 PM
i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
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garfield_x
03-05 01:53 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
more...
forgerator
04-08 08:12 PM
US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:
I believe US citizenship cannot be revoked unless you're charged with treason or something.
I believe US citizenship cannot be revoked unless you're charged with treason or something.
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frostrated
09-05 06:11 AM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
more...
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Maria_Mathew
12-19 01:52 PM
Hi Uma001,
Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.
Was she working in IT field back in India? Can you specify her skill sets? Was it easy for her to find a sponsoring company ?
I am on H4 and I was wondering whether it is easy to get a sponsoring company in this bad economy. Please reply when you get a chance....
Thanks,
-Maria
Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.
Was she working in IT field back in India? Can you specify her skill sets? Was it easy for her to find a sponsoring company ?
I am on H4 and I was wondering whether it is easy to get a sponsoring company in this bad economy. Please reply when you get a chance....
Thanks,
-Maria
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saurin
02-10 11:03 AM
Yes. I do have a pending I485.
more...
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quiquincho
05-20 05:47 PM
well said I agree, I gonna go to tijuana and burn my passport and come back illiegally walking and starting working in some car wash .
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
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beautifulMind
07-16 02:31 PM
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
more...
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gcnirvana
04-05 06:54 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3169.html
Its up but not running (I meant the numbers) :D
Its up but not running (I meant the numbers) :D
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RDB
12-02 08:24 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
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wanaparthy
03-25 07:58 PM
Iam serious and i put it that i felt.
But later realized that this is not the right place!
Thanks
But later realized that this is not the right place!
Thanks
willwin
08-11 10:41 AM
i dont see a poll :) Are you expecting every one to post on this thread ?
Check now!
Check now!
InTheMoment
03-02 01:17 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
What with the UK docs coming to the US...I know for a fact that competition has increased
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