DoggyStyle
07-21 10:31 PM
I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
don't exist any more.:D
don't exist any more.:D
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BharatPremi
11-06 04:25 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
If you got first LUD on AP within last month .. Just wait for some days to complete the month from the day of first LUD. If it is more than 1 month, I believe you should take infopass appointment.
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
If you got first LUD on AP within last month .. Just wait for some days to complete the month from the day of first LUD. If it is more than 1 month, I believe you should take infopass appointment.
raysaikat
07-19 06:20 PM
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
If your GC is approved before your wife can enter US and apply for I-485, then she can do "following to join" through consular processing. The apparent wisdom seems to be that the application has to be done quite quickly, but I had read in one website that there is no time limit to apply (it is possible that the law changed in that regard; you need to seek a competent lawyer's advice and check the current rules). I also read that visa numbers are not required for following to join; i.e., she can get GC even if PD retrogrades. Again, that could be a outdated law, or perhaps that wording was for the "following to join" procedure for the spouses of US citizens. In any case, if you act quickly and properly, there is not much to worry about not being able to get your wife into US after your GC.
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gc67890
05-31 01:19 PM
Voted yes
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reddog
06-24 01:13 PM
If the White House has any intent on doing immigration reform, which I think they do, then this would be the best year to do, far away from the presidential elections, as support to the Immigration bill cannot be made an agenda during the elections.
bsbawa10
12-28 06:07 PM
Can some attorney help us ? This seems to be a very valid speculation. Indeed I always thought that there is something wrong going on behind the scenes. How can the PD move 7 days in 9 months ? If it moves at this pace only, my turn to file 485 will come in 47 years. ( I will be 87 years old).
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nozerd
01-10 03:15 PM
I have had 1 friend go through this. In his case he decided to go through the "India Doctors Association" and they refered him to this OBGYN who helped him as community service. She didnt charge anything for her own fees but he had to pay the clinic for tests. For hospital he just put his hands up and didnt pay a penny - it ofcourse spoiled his credit but he didnt care as the amount was so unrealistically high for him (wife had c section so it costs like 40-50k).
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
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lazycis
11-30 06:35 PM
When is this name check reform getting implemented. Why is is so difficult to implement ?
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)
Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)
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java06
01-30 09:59 AM
sent the letters to IV and Mr. President.
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pooja_34
03-21 11:11 AM
Hi FinalGC,
I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.
I am in Ann Arbor, MI and would love to coordinate meeting with the lawmakers with you here in the Michigan area.
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santa123
12-01 07:39 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
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purgan
01-31 10:14 AM
If they're asking for 150% more money, is the service going to be 150% better too??? Are we going to get our forms processed 150% faster too??
Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
Since USCIS calls itself a "customer-focussed" organization, I certainly hope so...
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seahawks
03-30 01:47 AM
I am trying to get more people from WA state to join me in meeting with lawmakers. My wife has posted more information in some communities and intend s to post more.
http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4
I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.
http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4
I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.
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wikipedia_fan
04-09 02:42 PM
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney on 01/19/2009 stating that I485 application was filed when dates are not current , they mentioned that on the day receipt date (oct 12' 07) dates are not current.
Took Infopass and went to filed office where I was told that if I this it is USCIS Service error, file MTR .
Filed MTR thru Attorney on Feb 5 09. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.
There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).
They sent Denial letter to Attorney on 01/19/2009 stating that I485 application was filed when dates are not current , they mentioned that on the day receipt date (oct 12' 07) dates are not current.
Took Infopass and went to filed office where I was told that if I this it is USCIS Service error, file MTR .
Filed MTR thru Attorney on Feb 5 09. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Till date I did not get any communcication from USCIS. 2 months have been passed.
Please advice me on this issue
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
more...
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enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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amslonewolf
12-28 05:13 PM
Someone I know was EB3 I Aug 2001. They had filed for I-485 sometime in 2005. They got their GC on 12/22/2008.
Their lawyer filed a Writ of Mandamus against USCIS in Aug 2008. The deal was the USCIS was to either approve or reject their case in 60 days.. So, check with your attorney and see if filing a case in an option for you.
Their lawyer filed a Writ of Mandamus against USCIS in Aug 2008. The deal was the USCIS was to either approve or reject their case in 60 days.. So, check with your attorney and see if filing a case in an option for you.
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radhay
04-01 10:30 PM
Sorry to hear the screw up. I had some what similar issue with H1B extension when attorney didn't timely file my application. USCIS approved H1B with no I-94 attached basically asking to leave country and get stamping in India.
We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.
We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.
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copsmart
10-10 07:56 AM
Everest Technology? Sounds so familiar, but definitely they are not in the list of blood suckers I dealt with.
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
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cram
04-13 09:33 PM
I can now finally file my I-485 with my PD of Oct 2002. Can somebody please tell me the GC processing time frame? Thanks.
gc_chahiye
09-01 08:40 AM
Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
sadly because of the way the GC process works, even that 'eight years ago' part makes sense: he got hired by that company 8 years ago and probably started his LC. After the company got acquired, the acquirer restarted the GC for everyone (typically a successor in interest company picks up the GC as-is and things can continue, but there have been cases where lawyers recommend restarting because of all the changes in the job location/profile etc).
Many people who came here in 2000/2001 have a PD of 2005/2006. It really sucks (I am in the same boat)
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
sadly because of the way the GC process works, even that 'eight years ago' part makes sense: he got hired by that company 8 years ago and probably started his LC. After the company got acquired, the acquirer restarted the GC for everyone (typically a successor in interest company picks up the GC as-is and things can continue, but there have been cases where lawyers recommend restarting because of all the changes in the job location/profile etc).
Many people who came here in 2000/2001 have a PD of 2005/2006. It really sucks (I am in the same boat)
anai
07-19 02:41 PM
Thanks, but seems like this is not what i was looking for. I was looking for the Jun 16/17th memo about initial evidence. Do you have that one?
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
Note sure what you're looking for. The memo I cited went into effect on June 16th. If that's not what you're looking for, you can try "press room" at USCIS's website where all memos are listed by date.
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