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QuietFlowsTheDon

04-16 05:09 PM

flower mound is a pretty good place.
good schools, home prices are a little better than nearby irving/valley ranch/coppell. property taxes are lesser than that in most other DFW suburbs.
pm me for any other info you would need.

I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!

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blacktongue

09-15 12:58 PM

Celebrate in a way nobody has celebrated yet.

Shove your GC up yours and run a mile nakd on the street. You will know if GC gave you freedom.

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sriramkalyan

03-09 03:52 PM

That when he applies for 485 based on eb2 he has to request for eb3 priority

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Dipika

12-23 12:18 PM

Thanks looivy for the details of your exp.
We would like to know when did you go to Nogales for H1 stamping?

My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

IS my husband eligible to go to Nogales for H4 stamping?

I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

Hope this was helpful.

Good luck!

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xyzgc

11-04 12:49 AM

humei tum se pyaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa

sunaa gam judaee kaa, uthhaate hain log
jaane jindagee kaise, bitaate hain log
din bhee yahaa to lage, baras ke samaan
humei intajaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa

tumhe koee aaur dekhe, to jalataa hain dil
badee mushkilon se fir, sanbhalataa hain dil
kyaa, kyaa jatan karate hai, tumhe kyaa pataa
ye dil bekaraar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa

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kate123

06-17 01:42 PM

As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.

good luck

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pappu

05-24 01:58 PM

Only last week I saw an article that said something to the effect that " Want US GC, get Masters". At that time, we all laughed at how these reports are compiled and brushed them off as tabloids.
Unfortunately , this time IV has got the right message and the publicity, but how will an average reader decide which article is saying the truth. People will understand/interpret the news the way their minds wants it to be , regardless of what the absolute truth is.

Regardless , a step in the positive direction for us
IV thanks its member- English_august for getting us this interview.

Yes this time TOI got it right. IV thanks TOI for this article too.

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Green.Tech

03-26 12:06 PM

Apparently the session is in progress; started at 11:30 am EST.

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ajju

04-16 10:41 PM

While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.

Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...

USCIS # (800) 375-5283

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blackberry

07-16 10:32 AM

I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
well said..

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DareYouFireMe

03-09 03:03 PM

My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.

Whether he can use earlier PD for EB2 (I-485).

Please share your knowledge.

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coolpal

04-20 03:07 PM

I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.

I hope I won't have any problems using EAD. Taking the dive now.

pal :)

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dealsnet

12-05 07:06 PM

If any greencard holder is convicted say for 5 years, he need to serve the term and will deport to his home country with escort. I know a man came here in 1969 (that time World trade center is still on construction) and didn't take citizenship have a dispute with his wife and she fix him with the help of her lover and went to jail for 5 years; he got deportation order after his sentence. He appealed and got rejected. Post 9/11 period he took a wrong 'U' turn on a road; police caught him and checked his details find he have a deportation order. He is send back to India within 2 weeks to Bombay with 2 escort.

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canmt

11-27 03:29 PM

H1B transfer.

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veni001

06-04 10:34 AM

If this is old then why did i see it on THOMAS as
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:

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redcard

12-19 12:53 PM

redcard and igcard, why don't you guys just fuck off?

Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend

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maddunr

11-09 12:58 PM

Hi Paskal,

I can help.

1. I have a background in design and animation and about 5 years experience in Interactive Media in the marketing department. I can help out with interactive media, some video and animation (usually requires lots of equipment), illustration, identity design.

2. Over the last 3 years, I've been working with Joomla and have a fairly good grip on its inner workings. My web sites have fairly good search engine positioning for specific keywords.

3. In addition to the above, I have fairly good writing skills.

So, let me know if I can be of any help. I have completed my profile. I assume that all information provided will be kept private :)

- V

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glus

04-17 07:37 AM

This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks

The answer is NO.

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niklshah

11-19 05:31 PM

guys pls stop panicking its only for the cases which are outside the processing dates

"The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"


and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....

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Sakthisagar

05-19 09:43 AM

Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.

I can understand where you coming from.. Mera Bharath Mahan

But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras

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thomachan72

11-23 02:40 PM

Makes perfect sense. Hopefully one day Indian and chinese EB applicants will have the complete backing of the immigrant citizens from these countries. If that happens then EB voice will be heard. Until then we can take comfort in reading such articles:o:o

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go_guy123

08-24 04:52 PM

ILW.COM - immigration news: Ninth Circuit In Herrera v. <em>USCIS</em> Rules That Revocation Of I-140 Petition Trumps Portability (http://www.ilw.com/articles/2009,0825-mehta.shtm)

Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
by Cyrus D. Mehta

As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).

Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.

Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.

A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.

In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.

At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�

The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8

Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.

Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10

�Question 11. When is an I-140 no longer valid for porting purposes?�

Answer: An I-140 petition is no longer valid for porting purposes when:

1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�

It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.

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WaldenPond

02-09 11:03 AM

Hello,

Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.

I am not able to find any news/update on this.

Thanks,

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Kodi

07-05 09:05 AM

If its ROW then PD are current.

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SGP

03-25 03:48 PM

Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

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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.

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gbof

06-30 01:49 PM

so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)

From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...

pal :)

I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.

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skd

07-19 12:20 PM

My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?

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06-14 08:50 AM

This drive will continue until we meet our goals

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mdmd10

09-11 03:59 PM

Just voted. I am still waiting for a miracle.

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immigrationvoice1

03-06 01:59 PM

It has been taking for ever to move. I had missed 3 times already to get it approved during the last 5 years. Lets see if it moves to 2002

What do you mean when you say you missed 3 times ? Please elaborate if possible.

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vban2007

05-29 11:11 AM

October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company

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eb3_nepa

08-10 05:10 PM

May be he or she has a spouse whose birth country is non retrogressed .. :)


Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.

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svr_76

05-21 07:46 PM

And the other presidential candidates will be from All Indian American Desi Munnettra Kazhagam, the Techie Desam Party, Better Samajwadi Party.

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amitga

08-24 01:29 PM

Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.

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bsbawa10

09-04 09:45 AM

USCIS has all information but they might not have resource/time to collect information about old cases that�s why they might be seeking help from other body.

How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)

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Hong12

12-13 11:23 AM

I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.

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AK_GC

01-21 05:09 PM

We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.

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softwareguy

07-05 12:14 PM

Pick your battles!!
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.

BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.

Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.

I do not know why is everyone facing "Attention Deficit Disorder".

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gcdreamer05

04-17 01:17 PM

Yes, absolutely.

Hi Attorney Aruben,

Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

We really appreciate your time and effort for replying to our questions on this forum.

Thanks.

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asiehouston

09-08 10:58 AM

Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)

What a pain....

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jnraajan

09-23 05:22 PM

I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
Dear Guru's

I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

Is there anyway I can talk to ombudsman office and get personal attention to my case.

Guru's please help me out with your experience and ideas.

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snathan

04-21 03:23 PM

To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?

I believe its only for spouse and unmarried kids under 21.

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maximus777

08-10 08:05 PM

Let me take a stab at it:

EB2 I - June 2006, EB2 C - Dec 2006
EB3 I/C - Dec 2003

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styrum

02-09 02:24 PM

I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
where can i find more info about the appeal process?? any links to go to??

Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
The appeal process is described in PERM regulations:

http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf

4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"

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crystal

08-15 11:51 AM

Congrats for becoming senior member :)
My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
If this is so, how do folks who have used AC21 handle this ?

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sanjeev_2004

08-22 10:42 PM

Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.

USCIS doesn't stop the application process just because your PD is no longer current

This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)

"pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.

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aadimanav

07-14 04:13 PM

Does anyone know, how to change the poll in this thread to a public poll?

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sparklinks

09-25 06:33 PM

My wife has a H1 since oct 2006 till date she hasn't worked and hence has no pay stubs. her passport has a F2 visa. I want to convert her visa to H4. Her employer is asking for 6k to generate 3 paystubs for 3 months. I dont want to pay so much. if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.

Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.

is there any site or posting that explains the process of applying for H4 in canada.

Thanks for any help


status change from H1 to H4 when she is in US, she need 2 latest pay stubs. If she is directly going for H4 stamping (India), then she dont need pay stubs.

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BharatPremi

10-10 08:25 PM

What do you mean "heart, mind, soul, ethics were sold"? How do you know that? Just because someone called the U.S president "his president" does not mean he/she sold anything, let alone someone's soul and ethics. That is their right to call the U.S president his or hers.

What you said is totally uncalled for. If you are so patriotic, why are you applying for a green card and going by your own words, doesn't that mean you sold your ethics, heart, mind and soul too?

Are you kidding us? I do not know what level of education you have achieved so far in your life but it looks like you are not enough educated to differentiate between the definitions of permanent residency, citizenship and perhaps working on work visa as far as legal stay in USA by outsider is concerned.

What would be the "legal" reply from US Supreme court,if you ask US supreme court that whether citizen of other country can call US president a "My president"? . And What would be the "legal" reply from Supreme court of country A,if you ask that whether citizen of country A can call US president a "his/her president"?

USA expects someone to abide by the land of the law while s/he come to US to work legally. And what is expected legally is one is not involved in "Anti USA" activity whatsoever it may be.USA legally never expects citizen of other country "to love" or "show fidelity" towards USA when s/he is still the citizen of other country.

PavanV is right in his argument, in a sense, that when some person is citizen of country A at this moment his/her fidelity naturally must be for his/her country A. This is the legally expected human behaviour in every society and country. It would have been perfectly o.k. and "legal" about rsharma's statement if he would have already been US citizen at the time when he stated what he stated.

Such ridiculous, unnatural, premature, unethical and spineless behaviour can only be shown by the people who are already morally sold.

First of all when somebody comes here in USA on work visa, s/he has come on invitation from USA base legal employer's willingness and is ethically, legally and morally obligated to provide professional class and quality of work for what s/he is hired. Nothing more or less is legally expected by USA and employment system within USA. USA and its whole society is well aware that these persons are citizen of other countries and so they never expects any kind of fidelity from them at least "legally" and at the same time they even do not grant the rights what US citizen nornmally have. Now out of that bunch many people prefer to go for permanent residency as permanent residency bring little bit stability in living and flexibility in employment and international travel. If one becomes a permanent resident of USA then also USA still only expects that person abide by the law of the land and do not involve in "anti USA" activity. It still does not expect "fidelity" towards USA in legal sense.There is no legal or social or political or any kind of pressure from USA or any governmental or non governmental institutes within USA on any particular person coming from other country to become its citizen. One can stay on permanent residency forever till death(At least based on current prevalent law) and legally work and s/he does not have to become a citizen for working legally. And I do not know about other countries but in India it is not considered "illegal" and/or "unpatriotic" to go in other country(Except Pakistan and Bangladesh) for legal work so coming to USA for legal work whether on work visa or becoming a permanent resident in USA while maintaining Indian citizenship simultaneously is not unpatriotic or illegal. Simultaneously USA's legal system allows an Indian to remain as citizen of India while residing in USA permanently for legal work.

Now if somebody decides to become a US citizen, there is nothing wrong in that. I do not see anything wrong when rsharma states that "I have decided to become US citizen in future". But if he is mature and human enough then his fidelity at this moment should be towards India (Assuming he is a citizen of India currently) as he is a citizen of India at this moment. Showing this kind of behaviour perhaps may not be a outright unpatriotic in terms of "Indianness" but it certanily signals probable but strong disloyality towards India.

And I do not think that USA citizens are that naive that they consider the people "not mingled" if citizen of other country do not call USA president a "My president" while holding the citizenship of other country.

If calling US president a "My President" by non citizens would be the barometer of "mixing" / "mingling" then USA would not be today's USA. So please do not kid USA and us .

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485Question

10-24 12:04 PM

Keep us posted.

Thanks

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sgupta33

10-05 11:26 AM

Government of Power?

GOP refers to Grand Old Party. It is the term used since 1880 to refer to the Republican party.

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chanduv23

10-04 12:13 PM

^^^^^^^^^^^^^^^^

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Green_Always

03-15 11:28 PM

BTW, what did you steal?

Sorry. Had to ask. I am getting all curious. :o


:-)

In this country I dont know what is serious and what is light situations.

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oliTwist

11-17 04:46 PM

My god! Check this out!
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/16/MNSL145QF5.DTL

What do you think about this? Is this something related to this discussion?

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paskal

12-17 01:18 PM

In my opinion, the fear that folks that are contributing 50$ will switch to lower sums is unfounded. There is nothing that stops them from stopping their contributions altogether even now.


yes and people do stop...what do you think...the small minority just keeps contributing when they see others not lifting one finger?
and we are not speaking from "fear of what will happen" we are telling you from experience that people who can afford 50/mnth and are willing to do it are tempted to do 20 instead...and do it. why is that so hard to believe? is it not human? i think it is natural for many to think like that. we have 25,000 members, >90% don't do anything for iv. despite that you won't believe that people will contribute less if they can?

if members really want to contribute- use pay pal and give less. the option is there. why the argument over the set up that iv has made...when you have an alternative??? iv needs to send a signal on what we really need from you and we have done that. the rest is up to you...take a choice. just remember- pay pal takes a chunk every time you do small multiple amounts.

please focus energies elsewhere. this is a moot discussion. and btw your contributions are very welcome- thank you for helping us all in our movement to end retrogression...! you are setting a great example.

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Aah_GC

07-09 11:04 AM

If you click on the link called "PERM" on the left hand side - there is an MDB file called 2004 (in a zip file). Try to download an Access reader and go for it.

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qplearn

10-10 06:37 PM

Remember, 245i cases were the NOT the same as the mexican illegal aliens that are being spoken of in relation to CIR .. lots of educated, legal H1-Bs lost their jobs (and their legal status) during the dot com burst of 2000 - 2002. Some of them stayed on even after going out of status, and then became eligible to file for GC under 245i.And needless to say, many more of those H1s came from India than mexico.

These people are illegal nevertheless, and I am ashamed that they are from my country.

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kumarc123

05-14 08:29 AM

Please continue to fill out the form for the advocacy days and make a difference by taking a positive step by meeting with the legislators.

For members who can only provide support, please mention the kind of support you are willing to commit to on this thread too.

I will be there! To contribute my efforts for the big cause.

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dionysus

01-15 01:58 PM

Good! one extra GC slot open. :cool:

As you drown me in a flood of red, remember, dark humor is what keeps me going through this GC long march of death. :)

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LostInGCProcess

02-23 11:35 AM

Only reason Attenborg's Gandhi was so magnificient is ...because it was an outsiders view on the life of gandhi...a less attached view of bapu's life.

If a desi had made that movie he would be overcome with his personal view of gandhi..

the movie on Gandhi is a masterpiece and slumdog is a piece of shit.

Credits to rehman for being brilliant as usual...but deifinitely this is not his best.

Slumdog made it to oscars only because a white dude directed it...if a Benegal or Mehra had directed it..it would never have made it past the shore..

My question to all the white trash out there..why are they so fasinated/amused by the poverty in asia or developing country.

Oh poor brown man..look he jumped into a pile of shit ...

Slumdog was demeaning in its potrayal of desi's ... Boyel showed the grisly side of poverty..but he failed to mention abt the lakhpatis in Dharavi?

I would have to agree with your point of view. But don't you think it time the Indian Government (with all the criminal politicians) would take a note of this and correct the image of India by at least starting some project to alleviate the problems for poor of the poorest? Don't you thing its high time that something is done about it?

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kevin08

04-17 11:09 PM

Unique Transaction ID #5L468486F2892453U
I am in for $25 for one month.

Guys, please contribute and show support to YOUR own IV.

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ANIANTCHEV

03-03 09:02 AM

I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!

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