CHRAMA
04-14 02:44 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
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sheela
02-21 08:45 AM
This is the most bizarre thing I ever heard w.r.to immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.
I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.
Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.
He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)
It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).
This all ended very well. Saying GOOD LUCK to GREEN CARD.
Btw: I arrived in 2000 , worked for the same university until then.
bluekayal
02-08 07:48 PM
Great going! And we are meeting Dianne Feinstein's staff next week as well. Send me a pvt message if you'd like to attend.
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H1bslave
11-19 03:47 PM
Your idea is marvelous, I totally agree, if not five years, make it eight or ten years but should have something like that. I don�t know how easy/hard is to get this implemented. But we could try for at least some relief once a person finishes a decade in this country.
The best thing to ask for is a "time factor".
The best thing to ask for is a "time factor".
more...
lost_in_the_gcprocess
08-07 09:56 PM
Give up your green card and go back to India. You got your green card and still crying.
hiralal
06-18 08:24 PM
the best way to get more support is to be more inclusive .... what I mean is 1) either we have a parallel campaign for those who are on EAD's only 2) add EAD issue to this campaign too.
------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
... by demand it means new buyers and immigrants are big part of that !!
------------
Housing Sales Lackluster This Spring: Coldwell
This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.
Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
AP
"The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.
Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.
Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.
"They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.
Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.
The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.
The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.
"Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
"Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.
------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
... by demand it means new buyers and immigrants are big part of that !!
------------
Housing Sales Lackluster This Spring: Coldwell
This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.
Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
AP
"The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.
Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.
Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.
"They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.
Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.
The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.
The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.
"Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
"Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.
more...
bachelor
09-24 11:30 AM
YOu can surrender your GC letting know the USCICS that, it got approved when the PD was not current. I had read this on murthy.com. Browse the website to learn more about it or contact murthy.com attorney's.
How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
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amitjoey
11-25 01:42 PM
Thanks a lot, core, pappu, members who worked on this.
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GCOP
10-24 02:45 PM
I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
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frankiesaysrelax
01-14 09:24 PM
Mailed handwritten letter to prez. Certified with delivery confirmation :D
Will be mailing a copy to IV tomm (under prepared at the post office :o)
Will be mailing a copy to IV tomm (under prepared at the post office :o)
more...
priya34
10-11 04:25 PM
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
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gottagc
05-29 05:43 PM
Looks like we are all frustrated, and it is proving beyond doubts.:(
It is best to wait for USCIS to announce this. If this is going to be true, then lots of people who had the hopes of applying for their I140 is just gone.
IV core team, can you please find out more information on this and let the members know.
:eek:
It is best to wait for USCIS to announce this. If this is going to be true, then lots of people who had the hopes of applying for their I140 is just gone.
IV core team, can you please find out more information on this and let the members know.
:eek:
more...
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lost_in_migration
05-29 04:40 PM
Genocide is what is left maybe
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
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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...
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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gcnirvana
07-07 09:00 PM
Yes, the video was submitted by mbawa2574 before. I also felt better after watching the news on a national TV. I think finally our problems are getting some attention. With the San Jose rally, Flower campaign and hopefully rallies in other cities (which should happen sooner before this issue dies down), we have a very good chance of getting a positive outcome.
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
more...
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Brightsider
08-30 09:35 AM
Hi Dinesh,
I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?
Vina,
I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck
I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?
Vina,
I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck
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vrbest
11-26 06:49 PM
I am not expecting anyone to agree with me.. I dont depend on the company I work with.. I have seen almost all companies , they would keep you until they need you and then throw you away.. It is upto us to take smarter decisions.. I always felt there are 100's of opportunities for those believe in it.. We can't just say with GC life will change.. We stil live in the same world where things will keep changing. I would say after GC people will think of Citizenship and so on.. there is no end to this and life is always be like this (there will be no end to what we want in life). so when are we going to take our own decision?
I strongly feel that if I want to do something and If I feel it is good for me, then I will definetly do it.
just my thoughts!!!
I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
btw you can also rent a house - and those are quite cheap too nowadays.
everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
here is an good article for reading ...
http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome
I strongly feel that if I want to do something and If I feel it is good for me, then I will definetly do it.
just my thoughts!!!
I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
btw you can also rent a house - and those are quite cheap too nowadays.
everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
here is an good article for reading ...
http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome
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JunRN
06-06 10:37 AM
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
abhijitp
07-08 10:52 AM
http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1
I loved it. If I am right, this is posted by an IV core team member.
I loved it. If I am right, this is posted by an IV core team member.
nrk
10-26 08:05 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
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