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  • rocky17105
    07-27 11:28 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.

    Thanks,
    Rocky





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  • rameshk75
    02-12 03:38 PM
    I think you are not Out of Status as your H1 renewal is pending. You can wait for your exyension...





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  • nfinity
    01-20 01:40 PM
    fantastic theme and integration! way to go





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  • anandrajesh
    12-10 12:23 PM
    ^^^^^^

    Bumping up this thread.



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  • dingudi
    03-05 12:17 AM
    My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.

    Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.

    Any similar experiences , please post.





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  • shivarajan
    08-14 08:14 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485



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  • Since1997
    07-17 04:39 PM
    Aug bulletin:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html





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  • Desi Unlucky
    07-02 07:25 AM
    I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.

    Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.

    If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.

    I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.



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  • salaryVictim
    06-11 06:15 PM
    Dear Friends,

    Thank you for your claification. As suggested I have posted a registered post (politely writing him the facts and the continued attempt) to him. Knowing his attitude I decided to do some research on DOL. It looks like we can only call DOL thats located in Michigan. Because thats where this Unscrupulous employer is located.

    Kind Regards
    Arjun





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  • Pallavi79
    02-24 12:23 PM
    The saga is Live Suspense Movie. :)



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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • pointlesswait
    04-28 01:10 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?



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  • Administrator2
    05-08 09:30 PM
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    Read this line

    Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    I posted this earlier, Admin has deleted my post.


    hiya

    And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.

    If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.





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  • bkarnik
    03-04 06:58 PM
    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf



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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





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  • gjoe
    10-10 04:18 PM
    Marry me...i like funny people......

    /thread

    How did you know Kumar1 has an earlier PD than yours? :):p



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  • ppt.b
    09-17 08:27 AM
    I will be in DC too with two of my other freinds.
    Once again lets make it a big success for all of us.





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  • rajenk
    01-23 12:49 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy





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  • chintu25
    08-07 09:27 AM
    Relax Bro ..That is the old one delete the thread if possible





    amsgc
    02-07 09:14 PM
    AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.

    US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.





    mhtanim
    09-07 05:29 AM
    What a joke! Their system does not work so we will have to pay the price!



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