vaishnavilakshmi
07-07 05:23 PM
Hi all,
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
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jsb
04-16 03:59 PM
Here's our situation:
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.
Best..
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.
Best..
gc28262
03-25 03:33 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
BTW isn't I-485 for a future job ? How does the current work location matter ?
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
BTW isn't I-485 for a future job ? How does the current work location matter ?
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saimrathi
07-12 01:55 PM
I used the template on one of the other threads "I am a highly skilled... " attached the program for 7/14 Rally and the two letters from Zoe.. Express posted it to Arnie and it will be delivered tomm at Sacramento... Didnt save the word doc, so I wont be able to send it across.. sorry...
Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.
Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.
more...
dkupadhyay
02-03 10:55 AM
My I-485 application finally got denied on 02/02/10. I just got e-mail update. Don't have any details as of now.
Administrator2
03-24 09:37 PM
bump
more...
godspeed
01-15 09:16 AM
You have done all the right things, sit tight, all izz well.
It would be helpful to others if you can blog the cover letter and the AP explanation letter.
Great, so I see so many fast cases here.
I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.
It would be helpful to others if you can blog the cover letter and the AP explanation letter.
Great, so I see so many fast cases here.
I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
sammyb
09-24 12:45 PM
In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
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snathan
04-12 07:17 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
more...
gimme Green!!
08-04 01:22 PM
Sure - this forum is filled with apps pending Labor.
EB2 RIR July 2004
The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.
Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?
100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..
"How NOT to get the work done in 5 years?"
B T W Does these places have any guys who are struck with their labor?
EB2 RIR July 2004
The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.
Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?
100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..
"How NOT to get the work done in 5 years?"
B T W Does these places have any guys who are struck with their labor?
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lost_in_migration
05-25 07:48 AM
Sent
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franklin
07-14 09:58 AM
Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
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alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
more...
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pd_recapturing
04-28 08:32 AM
I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
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s416504
08-29 12:30 PM
Here is the New Poll. I hope will give good analysis
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tigerlibra
09-30 09:30 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
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pappu
05-15 10:41 AM
A few IV(I+We)'ans from several state chapters across the US have been working really hard to gather support for our bills to recapture EB visa numbers, eliminate per country caps and exempt STEM graduates from GC Quota. We have started a funding drive of 50,000$ to support lobbying efforts of these bills 25 days ago. So far we have raised 16256$ with the help of 167 members. We still need 33,744$ to reach our goal.From time to time IV'ans have come together and have made miracles happen. We have achieved Reversal of the July Visa Bulletin and succeeded in obtaining a few Admin Fixes ..
Can we come together and raise the remainder of 33,744$?
Yes we can and we will
Let's do it again IV(I+We)'ans
Click "Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)" and make a donation.
Want to donate an alternate amount not listed on the contributions page?. Login to paypal and send in your desired amount to donations@immigrationvoice.org
Let's do it..Cheers
Please Click here for a list of members who have contributed so far (http://immigrationvoice.org/forum/showpost.php?p=248292&postcount=6)
Great post. Thanks
Pls contribute
Can we come together and raise the remainder of 33,744$?
Yes we can and we will
Let's do it again IV(I+We)'ans
Click "Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)" and make a donation.
Want to donate an alternate amount not listed on the contributions page?. Login to paypal and send in your desired amount to donations@immigrationvoice.org
Let's do it..Cheers
Please Click here for a list of members who have contributed so far (http://immigrationvoice.org/forum/showpost.php?p=248292&postcount=6)
Great post. Thanks
Pls contribute
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venkatosizolon
03-28 11:46 PM
I was in between projects when they didnt pay but this time they are not paying when I am on project. shoud I make difference when I will complain?
bandya
05-24 11:58 PM
Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
All the more important since we hardly have any time on our hand!!!
All the more important since we hardly have any time on our hand!!!
aruny5
10-26 01:01 PM
My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
Does she need French transit visa ??
Does she need French transit visa ??
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