chanduv23
04-14 03:55 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
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yabadaba
05-22 03:43 PM
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
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stucklabor
04-12 12:39 PM
Guys, these are all good suggestions.
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
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mjULTRA
02-11 12:55 PM
i really liked all the entires, especially eilsoe's but i voted for soul's, because it didn't use the traditional 'to the edge' format, and he successfully broke out of the isometric only view.
Kit your castle was wild, was it done from a photograph?
Kit your castle was wild, was it done from a photograph?
more...
hiralal
05-06 07:18 AM
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
he is smart but his idea was stupid ..why will they allow anyone to come to US and give him GC on the first day just because he purchased a house ??
also the reality has changed somewhat as US loses its charm somewhat ..and as other countries become better ..many will not come and buy a house.
maybe we should have a campaign (or should have had a campaign) telling shiller that forget newcomers ..there are million of well to do immigrants in US who would buy a house EVENTUALLY if their GC's were to be processed faster !!
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
he is smart but his idea was stupid ..why will they allow anyone to come to US and give him GC on the first day just because he purchased a house ??
also the reality has changed somewhat as US loses its charm somewhat ..and as other countries become better ..many will not come and buy a house.
maybe we should have a campaign (or should have had a campaign) telling shiller that forget newcomers ..there are million of well to do immigrants in US who would buy a house EVENTUALLY if their GC's were to be processed faster !!
TwinkleM
02-23 02:11 PM
I guess, other then marriage certificate, wedding photographs, wedding card invitation & property papers on joint name & other investments on joint name might help. I know that wedding photos & wedding invitation card does help to an extent.
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desi485
07-30 05:01 PM
THANKS !!!
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
When her both I140s were approved before the July/07 485 application, why didn't she use PD Porting at the time of applying 485 app in July/07. That is one of the easiest way to port PDs. It would have been straight forward and she may have received the GC by now. I know, lawyers can make one's GC Journey much more harder than it should be.
Nothing happens to your current "Adjustee" status if you interfile. But, I can understand the apprehension duw to either lack of information or plethora of wrong information present in the open.
As her EB2 PD is becoming current from Aug/08, she need not do anything now, maybe 4-5 months ago she should have done interfiling when EB2 started to come out of Unavailability. On Aug/1st, she can call USCIS and if they let her, open a Service Request on behalf of her case saying that her PD is current and her RD is July/07. If everything on her app is complete, she may get the approval in August only. Best of luck to you and her. May you guys get it soon too.
Hope this helps.
Her RD is July 28, 2007 at Nebraska but her case status shows that it been transferred to TSC. :(
485 receipt issued only in october 2007.
TSC processing dates are still stuck at JULY 16, 2007 and there will be thousands & thousands applications filed between July 17 and Aug 17 when the visa gate was re-opened. No end in sight of this GC journey suffering for the unlucky people born in retrogressed countries.
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sparky_jones
10-02 01:03 PM
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
more...
octoberbloom
12-31 12:17 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
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vin13
11-04 04:57 PM
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
This is an 'Art' type not a Blockbuster Commercial one. There is no end. The saga shall continue.....:D
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
This is an 'Art' type not a Blockbuster Commercial one. There is no end. The saga shall continue.....:D
more...
yabadaba
06-27 02:50 PM
hey guys the main problem with digital cameras was that the images from them could be pixelated whn using a lower megapixel camera and/or printing from one of those home photo printers.
i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.
i would say use at least a 4 megapixel camera without any flash
i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.
i would say use at least a 4 megapixel camera without any flash
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Lisap
09-03 01:24 PM
My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:
Has there been any updates on your case?
Has there been any updates on your case?
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aspiration
07-08 12:12 PM
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
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sunny1000
04-03 08:33 PM
Sent the faxes #10 and 11 yesterday :D
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eilsoe
02-03 06:20 AM
u'r still the lineart champ around here hunn ;)
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bkarnik
04-10 03:26 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
more...
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gcformeornot
08-10 10:15 AM
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
knocked on my door and asked me but they asked on open forum, where I can say my opinion. Since you are not OP. Are you one of the LS?
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
knocked on my door and asked me but they asked on open forum, where I can say my opinion. Since you are not OP. Are you one of the LS?
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chanduv23
08-31 04:26 PM
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
They probably phishing IV website and figured out that lot of members are are jot coming forward so they analyzed and came up with a 5K figure :D:D:D:D
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
They probably phishing IV website and figured out that lot of members are are jot coming forward so they analyzed and came up with a 5K figure :D:D:D:D
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drak70
04-13 05:19 PM
I think you should write a Complaint letter to State Bar against attorney and second to the USCIS office which laisons with immigration attorneys
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
shozee
12-30 07:22 PM
Im july 5th filer .Filed I140 and I 485 conc .Opened SR for FP because didnt recieve it till NOV .In NSC_CSC_NSC.next day after opening SR i got Fp notice .Obvously nothin to do with SR .Got reply for SR after a month which says " Status I-485 USCIS is waiting boimetrics info to produce permanent residency card "
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
Any idea what would this statement mean ?
I_140 & 485 fild July 5th 2007
PD curent
hopefulgc
05-19 10:10 AM
This idea has some serious chances of getting through, if pursued. The biggest thing in its favor is the validation in the form of existing H1B quota for US educated Post grads.
It will find extensive support from universities/academia for obvious reasons.
Main opposition to this issue would be from non-us educated people who feel that they would be left out. Unfortunately, they will be overlooking the critical side effect that this provision would relieve pressure on current EB numbers.
wrong.
Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].
One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.
It will find extensive support from universities/academia for obvious reasons.
Main opposition to this issue would be from non-us educated people who feel that they would be left out. Unfortunately, they will be overlooking the critical side effect that this provision would relieve pressure on current EB numbers.
wrong.
Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].
One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.
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