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nybear1
07-20 09:24 AM
I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
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somegchuh
08-07 03:20 PM
On papaer it sounds like a very good idea. I have canadian PR and I was also very tempted when I read this. But here are some disadvantages:
1. Windsor is a small place so hard for wife to find a job there.
2. Schools may not be the same quality as Toronto.
3. You might be putting your career in holding mode for another 1-2 years whereas you could do a much better job in Toronto.
Basically, my point is in order to try to wait for GC for another 1-2 years, you might have to compromise with your job/wife's job/kids education. I am at a point where I don't want to compromise with any of these if I move to canada. I want to make full use of the freedom of having a PR (take up whatever job/start a business/have wife take up whatever job/good school for kids etc)
I really depends on your situation, by what date do u need to move to canada to retain the PR and what stage of GC process are you in?
I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).
1. Windsor is a small place so hard for wife to find a job there.
2. Schools may not be the same quality as Toronto.
3. You might be putting your career in holding mode for another 1-2 years whereas you could do a much better job in Toronto.
Basically, my point is in order to try to wait for GC for another 1-2 years, you might have to compromise with your job/wife's job/kids education. I am at a point where I don't want to compromise with any of these if I move to canada. I want to make full use of the freedom of having a PR (take up whatever job/start a business/have wife take up whatever job/good school for kids etc)
I really depends on your situation, by what date do u need to move to canada to retain the PR and what stage of GC process are you in?
I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).
Green.Tech
03-18 12:57 PM
You should read that RonGothers thread - he is strongly of the opinion that maintaining H1B status while AOS is pending is useless. Moreover, it seems like USCIS can revoke your remaining H1B when they deny AOS application basically kicking you out of the country immediately. Now as a practical matter, I don't think they are doing that anyway. So guys, once you burn up your 6 year H1B, there is no real strong cushion if 485 gets denied. To heck with these laws. Stupid and irritating.
I agree, casinoroyale. Confusing, they are! I have actually read Ron Gotcher's column but then this thread came along :)
I agree, casinoroyale. Confusing, they are! I have actually read Ron Gotcher's column but then this thread came along :)
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grupak
03-25 09:45 PM
Extension approved today 3/25/08 for receipt date 12/04/2007. Hang in there.
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james_bond_007
04-09 05:22 PM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
antihero
06-03 11:08 PM
Only God knows how CIS functions.
:confused:
:confused:
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gc_aspire
05-24 12:54 PM
Done! Good Job IV Core Team...
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niceguy
05-11 03:37 PM
nchendica:
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.
You can email me the details to gcperm@gmail.com
thanks in advance.
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.
You can email me the details to gcperm@gmail.com
thanks in advance.
more...
gotgc?
12-19 04:15 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
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optimist578
01-22 11:10 PM
I also want to know the same...
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
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vin
06-14 08:43 PM
Yes, I guess there's something FISHY. I really feel the PLOT is to rip of all the $$$ first by making dates current and bring in some crap legislation that'll throw everyone out. What a brilliant scam! Even Harshad Mehta will be impressed :-)
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sachin76
05-14 07:28 PM
No, it is wrong, as you can see from the link, this is the correct address effetive July 30, 2007.
I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.
I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.
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PALLO
04-21 01:55 PM
is this a new bill or old one . original post dates back to 06.
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CanadianGuy
05-17 02:05 PM
Sweet work there DJ! The colours and textures are perfect.
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fromnaija
01-19 10:05 AM
thx very much for the reply..
but about my F1 status I140 approval, is it a violation ? Can I submit I140 while I am still in F1 status?
Thanks again for the reply...
Since I140 petition is for future employment, it shouldn't matter that you were on F1 when it was filed. However, you may have a problem with adjustment of status. You may have to do consular processing if you are still on F1. But since you've changed to H1, I don't think it matters again. Could you consult an attorney or pose this question at the next attorney conference call?
but about my F1 status I140 approval, is it a violation ? Can I submit I140 while I am still in F1 status?
Thanks again for the reply...
Since I140 petition is for future employment, it shouldn't matter that you were on F1 when it was filed. However, you may have a problem with adjustment of status. You may have to do consular processing if you are still on F1. But since you've changed to H1, I don't think it matters again. Could you consult an attorney or pose this question at the next attorney conference call?
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anilsal
08-14 12:03 AM
nice way to get to senior member status. :)
To get to super moderator position, u will need to do real IV activity and get inducted into the core. If u start today, u can get there some day. ;)
To get to super moderator position, u will need to do real IV activity and get inducted into the core. If u start today, u can get there some day. ;)
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eager_immi
01-25 07:30 AM
Don't u think that if X has contributed $1,000 and I have contributed $20/$0 I might be temped to rethink that I need to contribute more. It is not comparing $100 vs $200.
Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.
Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.
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optimystic
02-15 09:01 PM
Ok, so my PD got current (EB3 India). What next?
1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?
2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )
3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.
4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?
--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?
5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....
6)Should I be watching out for any LUDs this month or don't even bother until March
I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc
Thanks in advance.
1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?
2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )
3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.
4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?
--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?
5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....
6)Should I be watching out for any LUDs this month or don't even bother until March
I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc
Thanks in advance.
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gsc999
03-04 01:02 AM
Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :p
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :p
cyclone_p
06-25 01:32 PM
Folks :
Thanks for all the replies that you guys have been posting to this thread. On one hand I am happy that I am not alone facing this issue at the same time I am sad that we all are having to deal with this issue.
Anyways, what I have learned so far based on my research is that the reason USCIS was rejecting my application was because they wanted to figure out if I qualify for the fee waiver based on the July 30, 2007 rule. The I-485 receipt notice apparently depicts the fee paid to USCIS and hence is an easy way for someone to tell if they qualify for that.
Apparently, the personnel screening the applications at the USCIS Phoenix Lock Box have been told to use the I-485 receipt notice to figure out if the correct fee has been provided with the application. So if the I-485 receipt notice is missing (as it is for some of us), they don't know how to determine if the correct fee has been provided or not. Apparently, they can't go into the system and pull our I-485 records to check (or perhaps they don't want to). That's the reason they reject the application with those two seemingly unrelated reasons.
I have eFiled this time and hence I have bypassed that screening in some ways. My application should not be rejected due to this anymore (theoritically). I called USCIS up again later to request a duplicate I-485 receipt notice and they told me that I should not be needing it anymore as my I-765 (eFiled) has been accepted. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
Thanks for all the replies that you guys have been posting to this thread. On one hand I am happy that I am not alone facing this issue at the same time I am sad that we all are having to deal with this issue.
Anyways, what I have learned so far based on my research is that the reason USCIS was rejecting my application was because they wanted to figure out if I qualify for the fee waiver based on the July 30, 2007 rule. The I-485 receipt notice apparently depicts the fee paid to USCIS and hence is an easy way for someone to tell if they qualify for that.
Apparently, the personnel screening the applications at the USCIS Phoenix Lock Box have been told to use the I-485 receipt notice to figure out if the correct fee has been provided with the application. So if the I-485 receipt notice is missing (as it is for some of us), they don't know how to determine if the correct fee has been provided or not. Apparently, they can't go into the system and pull our I-485 records to check (or perhaps they don't want to). That's the reason they reject the application with those two seemingly unrelated reasons.
I have eFiled this time and hence I have bypassed that screening in some ways. My application should not be rejected due to this anymore (theoritically). I called USCIS up again later to request a duplicate I-485 receipt notice and they told me that I should not be needing it anymore as my I-765 (eFiled) has been accepted. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
LostInGCProcess
06-18 11:52 AM
How can you say that its not legal? When you sign that contract or piece of paper, it means you are acknowledging to all that is in there. Whether you like it or not, when you sign a paper you essentially are saying, "hay! i read this and I agree, here is my signature"...correct me if I am wrong...
From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
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