optimystic
10-23 08:48 PM
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
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desi3933
02-25 03:29 PM
I did post about this. We have seen professor's expert opinion letters showing the equivalency to the MA being approved. However, the evidence does point to an equivalency to a BA.
Thanks for your reply, Sheila.
Now, since the evidence does point to equivalent to a BA, can this affect already approved petitions that have been submitted with evidence equating it to MS in past.
You also mentioned in one of the post that you have had 100% success rate equating CA to MS. Now, evidence is pointing to the contrary, I am not sure about the effect on these approved I-140 petitions.
Once again, thanks for your reply.
Thanks for your reply, Sheila.
Now, since the evidence does point to equivalent to a BA, can this affect already approved petitions that have been submitted with evidence equating it to MS in past.
You also mentioned in one of the post that you have had 100% success rate equating CA to MS. Now, evidence is pointing to the contrary, I am not sure about the effect on these approved I-140 petitions.
Once again, thanks for your reply.
ramee
07-05 03:53 AM
Finally approved for all family members except my wife (Dependent).
We submitted normal Birth certificate from Municipal Corporation. But got RFE on Birth Document. Any body aware of secondary evidence for birth document. They are asking for oldest health, school, Census or religious record that shows both parent names and DOB.
Anybody experienced this type of RFE before?
We submitted normal Birth certificate from Municipal Corporation. But got RFE on Birth Document. Any body aware of secondary evidence for birth document. They are asking for oldest health, school, Census or religious record that shows both parent names and DOB.
Anybody experienced this type of RFE before?
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anda007
07-07 02:23 AM
Nothing against IV. I really think, that they are doin a great job
But why do u have to care about whether IV endorses this or not. If you think this is a great idea, go ahead and send the flowers urself.
I know alot of my friends, who do not care or know about IV, but have got the email chain and sent flowers on their own
So Don't make excuses. Send it on you own
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
But why do u have to care about whether IV endorses this or not. If you think this is a great idea, go ahead and send the flowers urself.
I know alot of my friends, who do not care or know about IV, but have got the email chain and sent flowers on their own
So Don't make excuses. Send it on you own
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
more...
ita
11-06 02:49 PM
When you set up the infopass appntmt do you have to select the option
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
roseball
08-23 11:43 AM
What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?
Thanks
The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.
Thanks
The request to adjudicate I-485 will go out only after EB-2 I-140 is approved. I-140 rejection "should" not trigger your pending EB-3 I-485 rejection but it all depends on how the IO interprets your case. He could issue an RFE (I would guess) asking for an EVL for your EB-3 case. In my colleague's case however, TSC automatically adjudicated the I-485 since the new EB-2 I-140 carried the same Alien# as the pending I-485. It seems TSC has a system in place to identify such cases, NSC doesn't. Another colleague of mine whose I-485 is pending at NSC and EB-2 I-140 approved at TSC is still waiting for I-485 approval and its been a month since his I-140 was approved.
more...
badluck
07-27 03:02 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
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new_horizon
11-04 01:13 PM
He's a full blown liberal both fiscally and socially.
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
more...
ssnd03
02-19 10:09 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
Guys let's come together on this--everyone has some good points to share, from every angle. As a CP filer myself, I want to say that job stability concerns are very valid for CP filers, who are haunted by last summer's greenlight and today's major retrogression. The landscape has changed for everyone, for both queues. From personal experience of being in the BEC backlog, being too early for PERM and too late for concurrent filing, after 5 years of being in this process and seeing the further backlog ahead, yes I was willing to pick CP (even though I would be giving up my ability to work as the spouse) because it looked like things were finally moving last summer. The option was there for people to choose, and nobody knew the dates would roll back so painfully again. Equally, I also want to point out that IV IS about everyone and these marvellous efforts IV continues to put together and inspiring in all of us, are beneficial to all because the overall goal is to ease the backlog which is holding everyone back. Now that this discussion has happened we are all aware of the new problem that is facing CP filers in severly retrogressed countries. And it is better that this is brought to light as we continue forward. Please everyone, continue supporting the letter campaign and let's be united and discuss these issues with respect for one another.
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tonyHK12
10-27 09:37 AM
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
more...
adibhatla
02-20 12:57 PM
Anil,
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
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JunRN
08-13 10:44 PM
Is it possible to second file I-485 using a different I-140 as basis?
more...
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ashshef
11-02 03:48 PM
I guess might as well as pitch in.
EB2I - 0-2 week movement forward.
EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?
EB2I - 0-2 week movement forward.
EB3 - Has anyone ever been able to predict these? Does even USCIS have any idea where EB3 should be?
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nag2007
10-11 04:25 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
EB3 RIR March 2005.
more...
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swamy
04-03 02:21 PM
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
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ash0210
03-21 05:40 PM
sent PM to ALL Columbus, OH guys...Nat23, riazahamed, martinez43123, probe!! Hope, someone will definatly respond....If no one responds, I will meet alone along with my wife (possibly with kids, if they are not in school!)
also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)
Waiting for their call...
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)
Waiting for their call...
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
more...
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Vsach
07-27 08:01 PM
You are being a jerk and don't encourage others to be:mad:
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neoklaus
10-26 09:06 PM
on Oct 23 mine and daughters GC were approved.
But not for wife. do i need to file service request for her or something?
Many Thanks to IV!
But not for wife. do i need to file service request for her or something?
Many Thanks to IV!
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waitingnwaiting
05-12 12:13 PM
That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (http://www.thokalath.com/North-America/Indo-American-Community.php)
Who is we?
why not you try to contact them?
Who is we?
why not you try to contact them?
Gravitation
07-06 03:53 PM
Just Dugg it! It has 16 Diggs now. Can we make it 500 Diggs?! It's certainly within our reach and that'll make the top stories on Digg!!!!:D
meg_z
04-03 08:04 AM
At least I think I did.
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