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unitednations
04-23 01:04 PM
Do you know any example of I-485 got rejected after using AC21?
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
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james_bond_007
04-14 05:48 PM
Thank you all for the good wishes !!
Pappu, I havnt got the approval notice / email yet. Will update once I have the same.
The day I got the email ( April 9 ) from TSC, I received an "unknown" call on my cell phone. I was in a meeting and was unable to take the call. Couple of days back I received a similar call and it was from an immigration officer @ TSC. She chatted with me regarding my old 140 for 2 minutes and told me that the priority date has been ported / used. I think the nice lady wanted to let me know about the approval and since I did not pick up the call generated an email from the OLD TSC system !!!!! . There is no update on the online system after wards.. I will update once I get something in regular mail..
Thanks again for all the good wishes and hopefully things will improve for all of us soon.
Pappu, I havnt got the approval notice / email yet. Will update once I have the same.
The day I got the email ( April 9 ) from TSC, I received an "unknown" call on my cell phone. I was in a meeting and was unable to take the call. Couple of days back I received a similar call and it was from an immigration officer @ TSC. She chatted with me regarding my old 140 for 2 minutes and told me that the priority date has been ported / used. I think the nice lady wanted to let me know about the approval and since I did not pick up the call generated an email from the OLD TSC system !!!!! . There is no update on the online system after wards.. I will update once I get something in regular mail..
Thanks again for all the good wishes and hopefully things will improve for all of us soon.
gc28262
12-11 09:12 AM
Has anyone contacted the ACLU of Texas on this? This is unrelated but they have been active on such fronts:
http://www.aclu.org/immigrants/discrim/36876prs20080922.html
ACLU site is a good one. It has tips on how to campaign, how to write letters to your representative etc
Browsing this site would be quite useful for IV members. Maybe IV should have something similar on this site.
http://www.aclu.org/immigrants/discrim/36876prs20080922.html
ACLU site is a good one. It has tips on how to campaign, how to write letters to your representative etc
Browsing this site would be quite useful for IV members. Maybe IV should have something similar on this site.
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gc_waiter56
03-29 04:25 PM
1. I got my passport renewed in New York but it was only when about 180 days were left to expire.
2. I am not sure about the same day delivery although I will suggest that do not go personally to the consulate instead send it through mail unless you are in a hurry as I had a very bad experience ( Same as any sarkari office in India) when I went in personally for my son's PIO.
3. I got my photograph done from CVS.
I hope it helps.
2. I am not sure about the same day delivery although I will suggest that do not go personally to the consulate instead send it through mail unless you are in a hurry as I had a very bad experience ( Same as any sarkari office in India) when I went in personally for my son's PIO.
3. I got my photograph done from CVS.
I hope it helps.
more...
optimystic
02-16 08:04 PM
Also I dont see anywhere the real PD mentioned anywhere.
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.
I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.
Anyway my PD is May 11 2001.
And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...
May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.
I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.
Anyway my PD is May 11 2001.
And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...
May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!
gc_maine2
05-12 03:24 PM
Thanks a lot gccovet for you reply.
You should write " AOS (Adjustment of Status) Pending". Also, don't forget to add (in #9) SS#.
GCCovet
You should write " AOS (Adjustment of Status) Pending". Also, don't forget to add (in #9) SS#.
GCCovet
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jliechty
June 14th, 2004, 12:33 AM
Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
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raysaikat
04-05 06:06 PM
If it is your home address you are talking about, then the RFE is very likely unrelated to the address change.
more...
javadeveloper
08-18 05:27 PM
Thanks for the responses.I don't know how they managed but some of my friends got approvals in EB2.
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gotgc?
12-20 12:20 PM
http://www.murthy.com/news/n_sercen.html
Interfiling
�MurthyDotCom
The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.
So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.
Thanks for your reply. The says that "The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals." It is talking about approved I-140s. Thats what my understanding too. But my lawyer says that they "The employer can file (or interfile) an I-140 even though the priority date is not current. The priority date retrogression comes into play only when filing or processing an I-485 Adjustment of Status application"
I am not sure that "interfiling an I-140 even though the priority date is not current" is true or not? Any advice please???
Interfiling
�MurthyDotCom
The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.
So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.
Thanks for your reply. The says that "The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals." It is talking about approved I-140s. Thats what my understanding too. But my lawyer says that they "The employer can file (or interfile) an I-140 even though the priority date is not current. The priority date retrogression comes into play only when filing or processing an I-485 Adjustment of Status application"
I am not sure that "interfiling an I-140 even though the priority date is not current" is true or not? Any advice please???
more...
BharatPremi
12-11 11:34 AM
Why are you applying in EB1 then ?
:D:D:D:D
:D:D:D:D
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kirupa
03-21 05:00 PM
Scythe - that is a great idea. I've edited the first post of the poll to point to your post :)
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number30
03-18 10:12 AM
I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will have the H1 status until the expiry date. But only thing he may not be able to transfer H1 if there is no other case is pending.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will have the H1 status until the expiry date. But only thing he may not be able to transfer H1 if there is no other case is pending.
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maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
more...
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rakesh_one
11-19 12:37 PM
Congrats. Now donate some money to US presidential candiates and tell them to look at the plight of EB applicants expecially from India, China, Mexico and Philliphines.
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
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chintu25
02-11 03:52 PM
I think with such a huge number of applicants .... The USCIS will now publish dates like this
EB2 .....on June 2001 recieved before 11.45 AM
EB3....on May 2001 recieved before 10.30 AM
But on a more serious note...Let us concentrate on the letter campaign .
EB2 .....on June 2001 recieved before 11.45 AM
EB3....on May 2001 recieved before 10.30 AM
But on a more serious note...Let us concentrate on the letter campaign .
more...
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H1BLegal95
02-13 07:57 PM
this is the core objective of IV and the current running campaign..
technically the site should open to a page about "Have u sent ur letter ?" before any information is available to anybody.
limit the no of replies seen by non- contributors (ppl who have not donated)
technically the site should open to a page about "Have u sent ur letter ?" before any information is available to anybody.
limit the no of replies seen by non- contributors (ppl who have not donated)
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vdesai_8
03-31 11:40 AM
Very well written letter. However If you agree here is something I feel should be updated.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
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natrajs
08-07 07:55 PM
IV is the only group that is trying something for EB gc's!!! If you don't agree with IV mission statement - least you can do is SHUT UP! If you have other selfish agenda's take them some place else... don't use IV as a platform to segregate a group.
(In my personal opinion... IV should BAN anyone who suggests anything that breaks this group down! Enough is ENOUGH!)
____________________________
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority.
_____________________________
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
It is very disappointing to see the division among the IV members, We need to look for a long term solution rather than fighting for individual short term solution
(In my personal opinion... IV should BAN anyone who suggests anything that breaks this group down! Enough is ENOUGH!)
____________________________
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority.
_____________________________
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
It is very disappointing to see the division among the IV members, We need to look for a long term solution rather than fighting for individual short term solution
needgc2004
07-20 09:53 AM
When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?
I am waiting Since DEC 2004. You are not even close to the Heaven Gates :D May be you will have card in 2012,2013 around :-)
I am waiting Since DEC 2004. You are not even close to the Heaven Gates :D May be you will have card in 2012,2013 around :-)
pd_recapturing
03-04 08:12 AM
I have read about some cases where ppl who had one of the PDs current, tried very aggresively and got their 485 approved. I have not seen many cases though. Everytime I research on interfiling, I always find those couple of cases so in my opinin, interfiling is not very common. Its a unknown territory as its not a paid service from USCIS.
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