uma001
09-08 03:22 PM
points mentioned in posts 2,3 4 and 5 are 100% correct.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.
Friends,
Green card dream is over. Now it's the time to get back to India or other countries.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.
Friends,
Green card dream is over. Now it's the time to get back to India or other countries.
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ilikekilo
07-25 01:29 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
2011 Cadillac Eldorado 1959
loveiv
08-19 10:53 AM
Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.
more...
Ram_C
11-19 06:16 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.
kirupa
01-02 06:38 PM
glos - that is fine :) Feel free to submit it then!
more...
chanduv23
04-21 01:44 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
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gcformeornot
12-31 02:15 PM
please vote....... be good samaritans..... you know what I mean...
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nabs501
07-27 04:05 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
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sendmailtojk
03-31 11:44 PM
At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
Cheers.
more...
gapala
03-31 01:26 PM
take that dispute report and go to your local police station..
I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.
if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...
If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.
Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.
Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.
Good luck.
I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.
if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...
If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.
Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.
Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.
Good luck.
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MYGCBY2010
07-27 03:03 PM
The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?
more...
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mdmd10
09-11 03:59 PM
Just voted. I am still waiting for a miracle.
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jnraajan
03-27 01:14 PM
Hey Dont Thank me. Thank IV, which is you and me and everyone else.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
more...
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gccube
04-08 12:01 PM
and they gave a consistent reply all the three times that my NC is cleared. But I agree that there are no guarantees.
As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.
As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.
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Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
more...
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fromnaija
01-13 10:58 AM
Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:
Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!
Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!
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alterego
02-11 06:07 PM
A good article supporting a sensible plan.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
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diptam
01-26 10:45 AM
If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
In terms of processing dates, which date is relevant?
USCIS Received Date: E.g., July 25, 2007
OR
USCIS Notice Date: E.g., Sept 12, 2007?
Thanks.
GG_007
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
In terms of processing dates, which date is relevant?
USCIS Received Date: E.g., July 25, 2007
OR
USCIS Notice Date: E.g., Sept 12, 2007?
Thanks.
GG_007
virald
01-31 09:30 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV think any candidate is more pro-legal immigrant than the other?
Ramba
04-16 02:42 PM
http://answers.yahoo.com/question/index?qid=20070311145154AA9x6Th
http://www.city-data.com/forum/houston/
There are many good things.
1. cheap real estate.
2. diversed (for desis)
3. No state dox.
Bad things.
1. Hot and humid
2.high propert tax (3-4%)
3. High enery cost due to hot wether through out year. (average 300$-400$ for electric bill for 2500sq.ft house)
4. Hurricane and flood possibilites..
http://www.city-data.com/forum/houston/
There are many good things.
1. cheap real estate.
2. diversed (for desis)
3. No state dox.
Bad things.
1. Hot and humid
2.high propert tax (3-4%)
3. High enery cost due to hot wether through out year. (average 300$-400$ for electric bill for 2500sq.ft house)
4. Hurricane and flood possibilites..
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