saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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Jimi_Hendrix
08-24 05:12 PM
Man at least show some respect for people on this forum. Your tone is more like you are speaking to a paid attorney.
logiclife
02-23 12:00 PM
Its better to get rejected 2 or 3 times for student visa or H1 visa and give up on "coming to USA idea" than to get those and than suspend your life for 10 years after that until you get your greencard.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
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sgorla
04-13 05:45 PM
You are right.
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
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sunny1000
11-26 06:37 PM
here is what I found on the immigrationportal.com. that info is a little old but, is relevant. Hope that helps you.
http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card
http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card
ragz4u
09-01 10:27 AM
Do not fret. Berkeleybee is still around but not as active on the forum because of extreme pressure at work. I can assure you that BerkeleyBee will be back as soon as the activity picks up to help us with all the stats and understanding the legal languages in the bill. I will make sure Bee is aware that IV members miss her. :)
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Stourmi
August 22nd, 2006, 10:03 AM
I agree. I like the second one better. The color seems to "pop" more.