pappu
04-03 09:03 AM
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- In March 08 I get an email from USCIS stating my application is withdrawn.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'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS.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?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
- 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- In March 08 I get an email from USCIS stating my application is withdrawn.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'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS.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?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
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sanju
09-09 12:11 PM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
bkam
04-12 01:10 PM
My spouse and I are on L1/L2 visa.
In 2002 there was a law change and the L2 visa holders got the right for EAD, valid until expiry date of the current L1/L2 visa. Renewal of the EAD was relatively easy when the new L1/L2 visa was issued. The tricky thing is that after expiration of the L visa, while waiting for LC approval we can get only 1 year H1 extensions. This means that during the period between L1/L2 visa and submitting of I-485 the EAD will be cancelled.
Following the common sence, the L2 visa holder should still be able to get EAD for the period between L and I-485. We will find it out in half a year time when our last L visa expires. But I would not bet on it...
So, my hint is - why not push for a similar approach being applied for immigrants waiting for LC approvals (after 365 days), for I-140, I-485 etc. It makes sence since the enormous delay in GC process was caused by the US bureaucracy and the poor idiots like us deserve some relieve :-)
In 2002 there was a law change and the L2 visa holders got the right for EAD, valid until expiry date of the current L1/L2 visa. Renewal of the EAD was relatively easy when the new L1/L2 visa was issued. The tricky thing is that after expiration of the L visa, while waiting for LC approval we can get only 1 year H1 extensions. This means that during the period between L1/L2 visa and submitting of I-485 the EAD will be cancelled.
Following the common sence, the L2 visa holder should still be able to get EAD for the period between L and I-485. We will find it out in half a year time when our last L visa expires. But I would not bet on it...
So, my hint is - why not push for a similar approach being applied for immigrants waiting for LC approvals (after 365 days), for I-140, I-485 etc. It makes sence since the enormous delay in GC process was caused by the US bureaucracy and the poor idiots like us deserve some relieve :-)
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neoklaus
10-27 10:21 AM
Congrats!!..
BTW,which service centre?
Nebraska
BTW,which service centre?
Nebraska
more...
ilwaiting
01-31 12:58 PM
This is ridiculous. Looks like, They want to increse the fees to collect money for border security, to build the fence on the border. Pretty sure they wouldnt use this money for speedig up the processing times for applications.
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
jethro11
04-20 02:41 PM
Solaris27,
Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!
Thanks for your reply, there are a lot of conflicting reports from different sources so I wanted to be sure. Have you traveled in the past month or know of anybody who has come back without a transit visa through Frankfurt? The new Schengen visa rules are causing a lot of confusion. Thanks!
more...
bsbawa10
08-07 07:21 AM
PD April 2004
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
I40 cleared on May 10, 2006
I485 Receipt date July 25, 2007
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pcs
06-18 07:11 PM
Can we have a letter / online fax campaign atleast...
May be a letter from Rep Longfren etc.
May be a letter from Rep Longfren etc.
more...
lazycis
12-18 11:02 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
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485Question
10-11 04:29 PM
We are working for the better legal immigration system for the people who are suffering, including like yours.
Welcome and support us.
Welcome and support us.
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JunRN
12-18 03:07 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
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Suva
11-04 10:02 AM
You are absolutely right. Dems are only worried about illegals. Its good that they are no longer a majority in the House. I think we have better option for any kind of piecemeal bills with republicans only.
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
more...
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imm_pro
06-12 08:29 PM
A hearing today illustrates why tech groups are blocked on this issue
June 12, 2008 (Computerworld) WASHINGTON -- When U.S. Rep. Zoe Lofgren (D-Calif.) led a U.S. House hearing today on bills that would make it easier for highly educated foreign tech workers to stay in the U.S., she had almost everything she needed to make her case. Underscore the word almost.
At the hearing, Lofgren's legislative effort was backed by the leading professional engineering group, the Institute of Electrical and Electronics Engineers Inc. (IEEE-USA); the Semiconductor Industry Association; and an academic group, the Association of International Educators.
What Lofgren didn't have was the support of everyone on her Subcommittee on Immigration, Citizenship and Refugees, Border Security and International Law.
"I think we should give the high-tech industry the innovators they need," said fellow committee member Rep. Luis Gutierrez (D-Ill.). But what do lawmakers tell foreign workers who labor on farms and apply pesticides -- that "you're not really smart?"
Gutierrez called farm workers "just as critical and relevant to the innovation of that industry" as tech workers are to IT innovation. And he urged the committee to take a "holistic approach" to immigration so that the most vulnerable "are not stigmatized by actions of the Congress."
Gutierrez' argument encapsulated why efforts to raise the caps on H-1B visas and green cards face a difficult time in Congress. Last year's failed attempt at immigration reform has turned the issue into an all-or-nothing fight for many lawmakers, which has so far stymied efforts by tech groups to win support for expanding the H-1B cap. The outlook for Lofgren's effort is uncertain at best.
She recently introduced three bills intended to make it easier for U.S. firms to hire graduates of U.S. universities who earn a degree in science, technology, engineering or mathematics. One bill, HR 6039, would exclude these graduates from the annual 140,000 limit on skills-based employment visas. A companion bill was introduced earlier this month in the Senate by Sens. Barbara Boxer (D-Calif.) and Judd Gregg (R-N.H.).
In response to Gutierrez' argument, Edward Sweeney, who chairs the Semiconductor Industry Association's Semiconductor Workforce Strategy Committee and is vice president of worldwide human resources at National Semiconductor Corp., said his industry is dealing right now with the loss of "job creating talent."
Every day, said Sweeney, foreign graduates are returning home, where they create jobs "to compete against us." Gutierrez countered by describing the threat of deportation or the risk of jail facing an undocumented worker in a meatpacking plant.
Stating the case for the IEEE was Lee Colby, an electrical engineer and 36-year employee of Hewlett-Packard Co. who now runs his own circuit design consulting company. "At this point, it's difficult to get enough engineers in the United States to staff our research and development labs," said Colby, calling that situation "somewhat pitiful."
He continued: "We definitely need talent from overseas to correct this situation."
The only person on the panel called to testify in opposition was Mark Krikorian, executive director of the Center for Immigration Studies, who argued that highly skilled workers are not really that highly skilled.
"Contrary to the claims of the lobbyists, these workers aren't necessarily the best and brightest," said Krikorian, citing a study by Norman Matloff, a computer science professor at the University of California at Davis.
But Sweeney said the semiconductor industry applies for up to 4,000 green card workers a year and he said those workers, many with masters degrees and above, "are crucial" to product research. "They are making north of $100,000 a year," he said.
June 12, 2008 (Computerworld) WASHINGTON -- When U.S. Rep. Zoe Lofgren (D-Calif.) led a U.S. House hearing today on bills that would make it easier for highly educated foreign tech workers to stay in the U.S., she had almost everything she needed to make her case. Underscore the word almost.
At the hearing, Lofgren's legislative effort was backed by the leading professional engineering group, the Institute of Electrical and Electronics Engineers Inc. (IEEE-USA); the Semiconductor Industry Association; and an academic group, the Association of International Educators.
What Lofgren didn't have was the support of everyone on her Subcommittee on Immigration, Citizenship and Refugees, Border Security and International Law.
"I think we should give the high-tech industry the innovators they need," said fellow committee member Rep. Luis Gutierrez (D-Ill.). But what do lawmakers tell foreign workers who labor on farms and apply pesticides -- that "you're not really smart?"
Gutierrez called farm workers "just as critical and relevant to the innovation of that industry" as tech workers are to IT innovation. And he urged the committee to take a "holistic approach" to immigration so that the most vulnerable "are not stigmatized by actions of the Congress."
Gutierrez' argument encapsulated why efforts to raise the caps on H-1B visas and green cards face a difficult time in Congress. Last year's failed attempt at immigration reform has turned the issue into an all-or-nothing fight for many lawmakers, which has so far stymied efforts by tech groups to win support for expanding the H-1B cap. The outlook for Lofgren's effort is uncertain at best.
She recently introduced three bills intended to make it easier for U.S. firms to hire graduates of U.S. universities who earn a degree in science, technology, engineering or mathematics. One bill, HR 6039, would exclude these graduates from the annual 140,000 limit on skills-based employment visas. A companion bill was introduced earlier this month in the Senate by Sens. Barbara Boxer (D-Calif.) and Judd Gregg (R-N.H.).
In response to Gutierrez' argument, Edward Sweeney, who chairs the Semiconductor Industry Association's Semiconductor Workforce Strategy Committee and is vice president of worldwide human resources at National Semiconductor Corp., said his industry is dealing right now with the loss of "job creating talent."
Every day, said Sweeney, foreign graduates are returning home, where they create jobs "to compete against us." Gutierrez countered by describing the threat of deportation or the risk of jail facing an undocumented worker in a meatpacking plant.
Stating the case for the IEEE was Lee Colby, an electrical engineer and 36-year employee of Hewlett-Packard Co. who now runs his own circuit design consulting company. "At this point, it's difficult to get enough engineers in the United States to staff our research and development labs," said Colby, calling that situation "somewhat pitiful."
He continued: "We definitely need talent from overseas to correct this situation."
The only person on the panel called to testify in opposition was Mark Krikorian, executive director of the Center for Immigration Studies, who argued that highly skilled workers are not really that highly skilled.
"Contrary to the claims of the lobbyists, these workers aren't necessarily the best and brightest," said Krikorian, citing a study by Norman Matloff, a computer science professor at the University of California at Davis.
But Sweeney said the semiconductor industry applies for up to 4,000 green card workers a year and he said those workers, many with masters degrees and above, "are crucial" to product research. "They are making north of $100,000 a year," he said.
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rustamehind
07-19 10:08 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
For skin PPD test , you have to go back to Doctor after 24-72 hours to show the reaction.If nothing comes up its good , but incase you are positive then you will have to go for XRay , so obviously you need to plan for more than 1 day.
For skin PPD test , you have to go back to Doctor after 24-72 hours to show the reaction.If nothing comes up its good , but incase you are positive then you will have to go for XRay , so obviously you need to plan for more than 1 day.
more...
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ameryki
10-09 11:20 PM
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howzatt
07-19 11:51 AM
TB skin test is not mandotory.
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
more...
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eb3_nepa
06-05 11:44 AM
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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chaukas
09-09 05:53 PM
The discussion seems to be focused on getting a certification to add to your resume. I am a PMP too, have delivered several small projects.
I think whether you are a PM or a developer, PMP is a good step to understanding and appreciating the business value of what you are doing as a techie.
It is not just a certification but a way of thinking.
It applies to everything in your life not just your work......
Treating it like a commodity isn't the best way to look at it.
My 2 cents .....
I think whether you are a PM or a developer, PMP is a good step to understanding and appreciating the business value of what you are doing as a techie.
It is not just a certification but a way of thinking.
It applies to everything in your life not just your work......
Treating it like a commodity isn't the best way to look at it.
My 2 cents .....
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logiclife
04-02 01:53 PM
Please call up your friends, dust off the old address book, make your friends do the same thing.
hpandey
04-24 11:40 AM
I would say another problem is getting the H1 stamped. Ever since they got rid of getting the H1 stamped within US we have to go out of the country to get it stamped and you never know how much time it is going to take. Now due to PIMS delays some people are getting stuck for more than a month and no one can afford such long holidays .
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
gc_mania_03
06-26 09:24 PM
The lawyer's office are overwhelmed with applications that they need to address. People are worried whether their respective attorney's will file the papers in time. Keeping that situation is perspective, I dont think this initiative is feasible at all, even if it makes sense to a few...
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