sanan
06-01 07:10 PM
I feel your pain buddy!! :(
My attorney is taking his sweet ass time.. so mine will be around 10th..
My attorney is taking his sweet ass time.. so mine will be around 10th..
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saketkapur
12-02 06:58 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
Jeff Wheeler
06-22 07:25 PM
oh
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pointlesswait
02-24 09:41 AM
u can log onto USCIS website and check the status of ur past and pending cases.
but u need to know the LIN #'s...
so add ur previous 140 case and check for any updates..simple!
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
but u need to know the LIN #'s...
so add ur previous 140 case and check for any updates..simple!
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
more...
waitnwatch
05-25 07:57 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
advanced degree in STEM + 3 years post degree experience in related field immediately preceding I485 filing. The related field part may have been taken out by SA4188 so just 3 years of work experience may be all you would need.
Hope this clause stays as otherwise the USCIS would have a field day with the "related field" clause.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
advanced degree in STEM + 3 years post degree experience in related field immediately preceding I485 filing. The related field part may have been taken out by SA4188 so just 3 years of work experience may be all you would need.
Hope this clause stays as otherwise the USCIS would have a field day with the "related field" clause.
sri1309
11-09 07:34 AM
sure. how about friday evening. say around 7:00? you bring the chips, I'll bring the salsa.
Good one, but no Mr. Hopeful, thats not going to be that easy.
Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.
Good one, but no Mr. Hopeful, thats not going to be that easy.
Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.
more...
Sushie
08-17 01:48 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
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immigrationmatters30
04-29 09:13 AM
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
Well, he has one now (or at least some sort of frame work)
http://immigrationvoice.org/media/SenateDraftProposal.pdf
Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
Well, he has one now (or at least some sort of frame work)
http://immigrationvoice.org/media/SenateDraftProposal.pdf
Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!
more...
chehuan
01-25 02:53 PM
BS + 5 years experience or Master +2 years
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saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
more...
HopeSprings
09-01 06:19 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.
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rkp27
07-11 01:56 PM
yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.
Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)
I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.
Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.
Friends
Let behaves like a GENTALMAN... THIS POST WILL NOT HELP ANYBODY INLCUDING POSTER.
hope this helps everybody who willing to post such frustration. Please keep all thoes with your self and dont bother others.
DONT POST ANY MORE PLEASE, I THINK I DID MISTAKE BY WRITING. I THOUGHT THIS GOOD SITE/FORUM TO GET INFORMATION BUT I WAS WONG.
GOD BLESS ALL OF YOU.
Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)
I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.
Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.
Friends
Let behaves like a GENTALMAN... THIS POST WILL NOT HELP ANYBODY INLCUDING POSTER.
hope this helps everybody who willing to post such frustration. Please keep all thoes with your self and dont bother others.
DONT POST ANY MORE PLEASE, I THINK I DID MISTAKE BY WRITING. I THOUGHT THIS GOOD SITE/FORUM TO GET INFORMATION BUT I WAS WONG.
GOD BLESS ALL OF YOU.
more...
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hdos
06-08 08:52 PM
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
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chanduv23
11-09 08:12 AM
hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
more...
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santb1975
05-17 11:00 PM
Thanks a lot
My $100..
Paypal ID #8BB01536AL566510N
Thanks
My $100..
Paypal ID #8BB01536AL566510N
Thanks
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loudobbs
09-25 11:21 AM
before the new quota begins..
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
more...
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reddymjm
03-16 01:26 PM
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
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billbuff123
10-24 12:12 PM
Hi,
I am in the same situation.
I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.
my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.
please let me know if we need to do any thing.. IS there any other way that I can add her or apply 485.
Just waiting for the dates to come
Thanks,
I am in the same situation.
I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.
my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.
please let me know if we need to do any thing.. IS there any other way that I can add her or apply 485.
Just waiting for the dates to come
Thanks,
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GCNeophyte
09-17 01:47 PM
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
saravanaraj.sathya
10-30 07:02 PM
I had my FP on 11/03 in NJ location but I moved to New York. So I went to a NY ASC today 4 days prior to my original notice. When myself and my wife went there, we got earful from FP lady there for coming in different location and that too in advance. She told us that we should not just walk-in like that in any day. But she still managed to talk our FP. It was a big relief!
She also told me that Wed is the amnesty day. If someone has missed out then, they can give it on any Wednesday.
She also told me that Wed is the amnesty day. If someone has missed out then, they can give it on any Wednesday.
saajed
11-16 02:36 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
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