Monday 20 June 2011

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  • Sunx_2004
    04-01 06:39 PM
    As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
    Any inputs..
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?





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  • OLDMONK
    06-26 03:17 PM
    My experience with Picture People was ok - fair, I guess those are fine pictures as per USCIS specifications, but nothing out of the ordinary. 14.99 for a set of 4 pictures. Set me back about $80 for 3 sets of 8 pictures.

    But my own pictures came out better and are as per specifications. The question is whether to take a chance in case i missed anything or to go with Ok-Fair pictures from Picture People. decisions.. decisions... damn.. retrogression

    and of course most portrait studios would guarantee acceptance else will give you a refund or take pictures again for free in case of an RFE.





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  • ramus
    07-06 02:42 PM
    Very good develpoment..

    Thanks for all hard work.. Guys lets help core members with whatever they need.





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  • realizeit
    02-11 10:34 AM
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!

    DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.

    If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
    EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.

    If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.

    Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.

    Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.



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  • bkarnik
    11-28 03:42 PM
    In response to my query to my attorney about the FP notices see her response below. And this is from an Attorney with 20+ years of immigration law experience. Anybody else in the same boat??:(

    "I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.

    Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.

    After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."





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  • desi3933
    12-22 12:54 PM
    I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.


    My experience has been very good, too.

    I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.


    ________________
    Not a legal advice.



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  • jsb
    01-05 01:02 PM
    ...We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually....

    That is not true. In my case, when I sent my EAD renewal my PD was Current. They sent me a 2 yrs EAD instead of processing my GC. So weird.





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  • rweworld1
    08-12 09:31 AM
    In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.

    Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)

    Thanks,

    R



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  • Brightsider
    08-30 09:31 AM
    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.

    You may like to talk to the admissions office of the universities. Last year when my daughter was applying for college, we had to go around and talk to them. Took an appointment and explained the case.
    We had asked only about admissions, resigned to the idea of paying out-of-state tuition. However, this counsellor got in touch with me, once the admission was confirmed, and suggested that I go to the bursar's office for tuition issues. And, there we got the great news that they had changed the rules in 2007, and that AOS candidates qualified for in-state tuition. Later we were able to get the same benefit for my elder daughter who was a senior in another state college.
    Imagine the relief of having to pay in-state after coughing up out-of-state tuition for three years. This happened in Georgia.
    So, to cut a long story short, yes you can be treated as in-state students for admission and tuition purposes. It only needs you to do some research and interacting with the offices. And of course, meeting some good persons. Incidentally, most of the counselors are great.





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  • wandmaker
    07-25 11:43 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    (1) GC, (2) Career and (3) Life are three different things -

    (1) Don't expect GC to in your mail box next week or in 6 months or in 12 months.
    (2) You can not pursue your career to higher level because roles and responsibilities are tied to it, nothing can be done.
    (3) Life is in your control, do ac21 and move on with your day to day life. (1) & (2) will fall into your hands someday.



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  • sravani
    05-22 04:25 PM
    This Jan 1,2007 date is another Joke by this lawmakers. These undocumented workers came crossing the border without any port of entry evidence. How can they prove they came before or after that date.





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  • richshi
    12-08 10:58 AM
    Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.

    Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.



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  • GCaspirations
    10-02 12:57 PM
    I applied in NSC 485/EAD/AP on July 27th. The case was transfered to CSC. 485 Application was then transfered to TSC from CSC but EAD and AP are being processed in CSC.

    I am intrested in knowing if you have received FP notice.





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  • rolrblade
    02-12 02:44 PM
    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.

    I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.



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  • desi3933
    11-03 01:15 PM
    Questions for everyone to research and post the answers------
    ......

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.

    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • Green.Tech
    06-19 01:57 PM
    Bump.



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  • Gravitation
    12-13 10:12 AM
    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.

    Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.





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  • whiteStallion
    12-02 05:50 PM
    I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.

    If your attorney is planning that way, he may not have handled such cases before... :eek:

    You cannot substitute degree with experience while applying for Perm/I140.



    ... My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree...





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  • jonty_11
    07-13 04:47 PM
    Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT





    ArkBird
    05-01 05:36 AM
    India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India�s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.


    F-22 is newer version of F-18/F-16??

    F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!

    Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!





    svam77
    08-10 12:47 PM
    I just pity you man .... cant u understand what i said about my reason to take an LC .......jsut not to wait to apply for i 485 for another x years ......

    Your discussion is going no where ........I wouldnt even have cared if it was a last month's labor .......

    And also USCIS would have initially implementecd this for a good reason and they would not have terminated it if they wouldnt have found that many companies were misusing it ......

    Anyways ....if u have time .....keep going on this discussion, on a topic which USCIS itself closed last month ...

    U told once , twice or n times on this forum that u dont like LS, and yes USCIS heard it and closed it .... so just forget it ....


    the guy who actually started this thread must be enjoying seeing all these posts hahahhahhah



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