meridiani.planum
07-13 12:32 PM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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singhsa3
09-15 11:56 AM
Thats the whole Idea!
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
srini1976
07-09 08:14 AM
If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
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pcs
07-17 09:39 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
more...
abhi_jais
12-03 02:59 PM
A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.
Any suggestion at this point????
Any suggestion at this point????
kiwi
11-07 10:18 AM
Hello you all,
I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.
I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?
Can someone give me some infomation on this or where I could find it?
Thanks.
K.
I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.
I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?
Can someone give me some infomation on this or where I could find it?
Thanks.
K.
more...
kalyan
02-13 08:05 AM
Brothers and sisters,
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
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LostInGCProcess
11-06 02:47 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
more...
eldrick
07-31 04:14 PM
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
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zerosine
06-25 02:59 PM
Thank you all for your responses.
Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?
Shatunup, what's a CIR? I'm intrigued....
I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.
I have a new passport but without the visa and entry stamp it doesn't really help!
Thanks again - by the way I'm a she :o
Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?
Shatunup, what's a CIR? I'm intrigued....
I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.
I have a new passport but without the visa and entry stamp it doesn't really help!
Thanks again - by the way I'm a she :o
more...
forgerator
03-06 01:16 AM
Sorry, unfortunately H1B is biased towards skilled labor. Your major unfortunately does not fall in that category as such. When I say skilled, I'm talking about the sciences, finance, law etc.
Your goal is noble but unfortunately there is no place for you as an employee in the United States on a work visa. You can always try to get married to a US citizen . Much easier path :)
Your goal is noble but unfortunately there is no place for you as an employee in the United States on a work visa. You can always try to get married to a US citizen . Much easier path :)
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sukhwinderd
09-14 04:21 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
more...
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pappu
08-01 10:50 AM
Texas chapter members pls contact IV at info at immigrationvoice.org if you like to be interviewd.
pls briefly describe your story to us in the email.
send us your full name and phone number
pls briefly describe your story to us in the email.
send us your full name and phone number
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LookingForGC
12-09 02:51 AM
Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.
more...
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martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
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nish
10-07 11:41 AM
Troll Alert.
This is a Fake post. read word by word you will understand.
Read all the posts by user nish. he/she is an anti immigrant.
In one of the previous posts the same user tries to taint l1b visa holders.
How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.
I did post one of the query for L1 few month back..it does not mean i am anti immigrant
how did you say about this?
This is a Fake post. read word by word you will understand.
Read all the posts by user nish. he/she is an anti immigrant.
In one of the previous posts the same user tries to taint l1b visa holders.
How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.
I did post one of the query for L1 few month back..it does not mean i am anti immigrant
how did you say about this?
more...
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gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
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gcformeornot
09-25 03:53 PM
When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.
Your EAD is valid, but it is useful only if you have a new job.
Your EAD is valid, but it is useful only if you have a new job.
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gaz
11-18 01:54 PM
Thank you for the quick response.
She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!
Thanks again.
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!
Thanks again.
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
godspeed
03-08 12:30 PM
A good way to start the week, glad NSC is coming out of its slumber
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
johnwright03
02-23 08:03 PM
Folks,
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx