dtekkedil
07-06 03:34 PM
Yes!
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DSLStart
08-09 09:17 AM
Read question no. 13
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
eb2_hope
08-06 01:08 PM
Count me in too
PD Dec 2004
EB2 NSC
RD : 26th Jul 2007
FP done
PD Dec 2004
EB2 NSC
RD : 26th Jul 2007
FP done
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octoberbloom
01-12 03:27 PM
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
more...
niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
chanduv23
03-21 04:30 PM
I spoke to a staff at Michael R. McNulty's office.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
I will go home and review what can be done, tonight. Great, lets coordinate on this.
Great we already have 4 members.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
I will go home and review what can be done, tonight. Great, lets coordinate on this.
Great we already have 4 members.
more...
abracadabra
07-07 02:39 PM
The link
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pray
08-22 01:08 PM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.
more...
alterego
11-02 01:14 PM
Eb3I may nudge forward a little bit. Sadly that won't be very helpful to most folks on this board. Visa recapture is the only thing that can help near term. In the interim, administrative fixes, rule clarifications, USCIS efficiencies in application processings, Data transparency, though not glamorous victories as say visa recapture. Nonetheless make the path somewhat more comfortable and predictable.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
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devamanohar
08-14 06:10 AM
I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
more...
tonyHK12
11-10 09:28 AM
Agree, also Immigration voice needs everyone to join in their cause and support them as Donors and in active volunteering.
New GC applicants generally realize the only way to get relief is through legislative change that Immigration voice is working on.
So rather than wasting time & energy guessing dates, its a good idea to spare 3 bucks a day from coffee for IV and actively campaign for new laws.
BTW the prediction was 1-2 weeks of movement each month for all of 2011, and possibly zero movement sometimes. New Math formulas ,modelling, arent going to change it.
Just look at how many Bills are coming in for Illegal immigration - that is due to active lobbying and generous support of their members.
of course there are many who think wrongly - " Let me instead just have my Star-3-bucks, instead of giving my money to an organization campaigning for Immigration relief. I can fix everything myself"
New GC applicants generally realize the only way to get relief is through legislative change that Immigration voice is working on.
So rather than wasting time & energy guessing dates, its a good idea to spare 3 bucks a day from coffee for IV and actively campaign for new laws.
BTW the prediction was 1-2 weeks of movement each month for all of 2011, and possibly zero movement sometimes. New Math formulas ,modelling, arent going to change it.
Just look at how many Bills are coming in for Illegal immigration - that is due to active lobbying and generous support of their members.
of course there are many who think wrongly - " Let me instead just have my Star-3-bucks, instead of giving my money to an organization campaigning for Immigration relief. I can fix everything myself"
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nemadeni
08-25 08:08 PM
Received only one year EAD .I will have to call USCIS for incorrect validity date of issued EAD.
Did anybody contact USCIS regarding 1 year validity?
Did anybody contact USCIS regarding 1 year validity?
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ujjwal_p
06-05 03:38 PM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
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badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
more...
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maximus
11-07 12:28 PM
EB2I Mar 05
EB3I Nov 01
EB3I Nov 01
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yabadaba
07-31 10:57 AM
can someone point me to a thread discussing decoding LIN #?
http://immigrationvoice.org/forum/showthread.php?t=5814
http://immigrationvoice.org/forum/showthread.php?t=5814
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gps001
07-18 11:30 AM
At some point I had a question about this issue (I-131 page 4), about which "application" is deemed abandoned and I got an answer in these forums (someone said that he/she researched enough) and that it is the I-485 application which is deemed abandoned if you leave before AP gets approved.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
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pappu
10-29 08:49 AM
-
- Any advice for everyone?
knowledge, knowledge and knowledge! The earlier- the better.
Greatest disappointment that haven't discovered IV back then, say in 2001:D
Very true.
Lack of awareness and information is a big problem. Starting the process early is better. I have seen some people undecided about GC and waiting till the end of H1B to start. It is at that time they discover retrogression. Some discover retrogression only after 140 approval. Until then they are not even aware of IV.
- Any advice for everyone?
knowledge, knowledge and knowledge! The earlier- the better.
Greatest disappointment that haven't discovered IV back then, say in 2001:D
Very true.
Lack of awareness and information is a big problem. Starting the process early is better. I have seen some people undecided about GC and waiting till the end of H1B to start. It is at that time they discover retrogression. Some discover retrogression only after 140 approval. Until then they are not even aware of IV.
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wa_Saiprasad
05-14 07:36 PM
there is something like fiancee visa, please search for more details on that
thanks
Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.
thanks
Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.
stucklabor
04-12 01:17 PM
Bkam,
The point is not about the way to get relief. There are multiple ways to achieve eligibility for EADs.
The point that I am trying to make is that every one of those ways requires legislation to be passed. Asking for EAD/AP through I485 filing even with visa number unavailability, is as good, if not better, than the other suggested methods.
I would really hesitate to ask for EADs for people still in labor cert. Our requirements, after much effort, were included in amendments simply because they are really technical adjustments to existing law. They do not increase the number of immigrants into the US and do not substantially change the process. Asking for EADs for people stuck in labor cert would be a substantial change in process, and would make it harder to get legislative sponsors.
The point is not about the way to get relief. There are multiple ways to achieve eligibility for EADs.
The point that I am trying to make is that every one of those ways requires legislation to be passed. Asking for EAD/AP through I485 filing even with visa number unavailability, is as good, if not better, than the other suggested methods.
I would really hesitate to ask for EADs for people still in labor cert. Our requirements, after much effort, were included in amendments simply because they are really technical adjustments to existing law. They do not increase the number of immigrants into the US and do not substantially change the process. Asking for EADs for people stuck in labor cert would be a substantial change in process, and would make it harder to get legislative sponsors.
satishku_2000
09-19 03:16 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.