abracadabra
07-07 02:39 PM
The link
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number30
04-01 06:29 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- In March 08 I get an email from USCIS stating my application is withdrawn.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'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS.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?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
- 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- In March 08 I get an email from USCIS stating my application is withdrawn.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'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS.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?
Go to the Local office and talk to them. Send an e-mail expalining the situation and attach the mail you sent to the attorney.
Ram_C
11-09 05:37 PM
Ram_C,
Did you open a service request for FP? (for you or for your wife).
If you did not, all NSC-CSC-NSC people, should be getting FP notices also.
______________________
Contribution : $150 so far
NO, I didn't open SR.
I too hope all NSC-CSC-NSC transfer cases get FP notices soon.
good luck :)
Did you open a service request for FP? (for you or for your wife).
If you did not, all NSC-CSC-NSC people, should be getting FP notices also.
______________________
Contribution : $150 so far
NO, I didn't open SR.
I too hope all NSC-CSC-NSC transfer cases get FP notices soon.
good luck :)
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gc_on_demand
06-10 04:06 PM
Also Mr O said out look for Eb2 india is grim and could have delay for decades .. where Eb3 india can be set to Oct 2001 in oct 2009. His whole prediction is based on current demand from USCIS.
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
Lets says he USCIS has 50k Eb2 india and 70k Eb3 india in back room. Now they both have 3k visas in a given year . if USCIS process ( Pre adjucted ) 40k Eb2 india cases and 4k Eb3 india and bring to DOS , DOS may think there are 10 time more cases in Eb2 india so it can take decades while Eb3 india has only 1k extra so it can be in a year. but reality is different.
hope that makes some thing clear to members..
more...
yabadaba
08-01 12:03 PM
Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX
Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!
Kidding - what time yours hit the USCIS building ?
mine reached at 7:55 am ...still no receipt :(
Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!
Kidding - what time yours hit the USCIS building ?
mine reached at 7:55 am ...still no receipt :(
glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
more...
Soul
02-07 09:48 AM
Probably a king :P
Or a merchant heh
You?
- Soul :goatee:
Or a merchant heh
You?
- Soul :goatee:
2010 of animal kingdom chart
Harivinder
05-16 11:33 AM
I don't understand. The post above does not even include the bill for US masters STEM
I am kind of disappointed with the response to the idea of calling our respective University presidents knowing that there voice will be heard. All we need to do is convince the university presidents to speak for us?
I am kind of disappointed with the response to the idea of calling our respective University presidents knowing that there voice will be heard. All we need to do is convince the university presidents to speak for us?
more...
gc28262
03-26 11:36 AM
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
Any idea who introduces such legislation in Texas ? ( Drivers id with vertical orientation, paystubs requirement etc)
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
Any idea who introduces such legislation in Texas ? ( Drivers id with vertical orientation, paystubs requirement etc)
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gmatch
12-13 03:07 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
more...
lotus26
05-30 07:09 PM
Done
hot of animal kingdom chart
Ram_C
11-09 01:18 PM
anyone of you see a pattern here with this FP notice delay??
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
more...
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chanduv23
10-26 05:17 PM
Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
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shana04
02-13 10:14 AM
Shana,
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
more...
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mygoodluck
08-15 02:24 PM
Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
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slowwin
05-14 10:26 PM
I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)
In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.
my 2 cents.
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makeup all living things fit in.
RDB
08-25 09:52 PM
I just got my EAD yesterday (with 1 year validity even though PD is not current). My company lawyer will contact USCIS about this, will update once I have any info.
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
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amoljak
05-15 07:49 AM
This is just some cheap theatrics by Durbin Grassley in preparation to attach their anti H1B restrictionist bill to CIR. Read more here: http://immigrationvoice.org/forum/showthread.php?t=3944
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FinalGC
05-15 04:23 PM
The Bill says "in a field of science"......which also includes MBA.......
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
lazycis
12-28 11:25 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)
nogreen4decade
07-16 06:29 PM
Some people die at twenty five and aren't buried until they are seventy five.
:)... I like that :)... Very poetic too :) Good one !
:)... I like that :)... Very poetic too :) Good one !
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