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 If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.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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hopefulgc
05-18 03:41 PM
1) I totally support this idea
2) my crystal ball tells me that there are gonna be people here who will post discouraging comments against this idea like they do to every other idea worth considering. These days they use the "these ideas divide the community" routine to kill initiatives like this.
3) quota exculsion and segregation would be awesome and very well deserved
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
2) my crystal ball tells me that there are gonna be people here who will post discouraging comments against this idea like they do to every other idea worth considering. These days they use the "these ideas divide the community" routine to kill initiatives like this.
3) quota exculsion and segregation would be awesome and very well deserved
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
virginia_desi
12-14 04:31 AM
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Asking you to sign an agreement is not illegal. There are employers (even big names) who ask their employees to take care of the expenses for GC processing. The main concern should be to verify if this company practices fraud. The only way to check is either by searching on the web or talking to some other employees who work for this consultant (making sure these employees are also not part of the fraud).
I am sure you have heard about people like Nick Mandalapa who were filing multiple I-140 for the same labor certification . The sad part is that there is no USCIS online system to verify if a labor certification was used to successfullly file I-140/485.
And remember that if there is fraud it can haunt you ater in your life even "AFTER" you get your GC. USCIS can revoke your GC at any time if there is a proof that a fraud has occured in the process.
I hope this helps and best of luck.!
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Asking you to sign an agreement is not illegal. There are employers (even big names) who ask their employees to take care of the expenses for GC processing. The main concern should be to verify if this company practices fraud. The only way to check is either by searching on the web or talking to some other employees who work for this consultant (making sure these employees are also not part of the fraud).
I am sure you have heard about people like Nick Mandalapa who were filing multiple I-140 for the same labor certification . The sad part is that there is no USCIS online system to verify if a labor certification was used to successfullly file I-140/485.
And remember that if there is fraud it can haunt you ater in your life even "AFTER" you get your GC. USCIS can revoke your GC at any time if there is a proof that a fraud has occured in the process.
I hope this helps and best of luck.!
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downthedrain
02-18 04:39 PM
another LUD today for me 02/17
Another LUD 02/18...probabaly another RFE
Another LUD 02/18...probabaly another RFE
more...
saimrathi
07-02 03:21 PM
Medical Fee $500 + gas money to get to the clinic 100 miles away.
BC etc ~$40
Lawyer fee + USCIS Fee: Company paid
Driving to my boss who was on vacation, having him sign the papers and deliver the papers to my lawyer (500 miles), so that it wud reach Lincoln, NE today only to be returned or whatever...
Mental Trauma and anxiety: priceless
BC etc ~$40
Lawyer fee + USCIS Fee: Company paid
Driving to my boss who was on vacation, having him sign the papers and deliver the papers to my lawyer (500 miles), so that it wud reach Lincoln, NE today only to be returned or whatever...
Mental Trauma and anxiety: priceless
eilsoe
02-03 05:25 AM
that smilie says it all :P
more...
masaternyc
01-06 12:36 AM
What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?
I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?
I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?
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shana04
02-13 11:22 AM
Sorry Shana,
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
Example:
If your h1 expires Feb 12 2010, i.e. you still have 2 more years.
Assuming: 140 approved and 485 filed.
Now if you use ac21 with h1, you would only get 2 yrs of extension and there after only 1 yr. (attorney said, if you have 140 approved you get 3 yrs extenion. but once you file your 485, you get the remaining time of 6 yrs or if you are in your 6th year, then you get 1 yrs extension).
Hope this answers most of the quesitons.
I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.
Thanks,
Example:
If your h1 expires Feb 12 2010, i.e. you still have 2 more years.
Assuming: 140 approved and 485 filed.
Now if you use ac21 with h1, you would only get 2 yrs of extension and there after only 1 yr. (attorney said, if you have 140 approved you get 3 yrs extenion. but once you file your 485, you get the remaining time of 6 yrs or if you are in your 6th year, then you get 1 yrs extension).
Hope this answers most of the quesitons.
more...
sbabunle
01-31 11:01 AM
The way to go USCIS....and the processing time
is going to be 4 fold...take it immigrant prospectives!!:D :D :D
is going to be 4 fold...take it immigrant prospectives!!:D :D :D
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wa_Saiprasad
05-14 07:36 PM
there is something like fiancee visa, please search for more details on that
thanks
Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.
thanks
Sad to hear about your situation. You are the best judge of yourself. Fianc�e works well it worked for my friend. Google should get more indepth details on this.
more...
jgh_res
08-11 09:14 AM
U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
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BharatPremi
09-19 03:54 PM
Your analogies are the best :)
Yes, That was the only way I could think of dealing with dumbheads.
Yes, That was the only way I could think of dealing with dumbheads.
more...
house hitler
Openarms
06-05 03:57 PM
Thanks KS !! but is it a law or did they create their own rules ? I know I am day dreaming here ...but if they were to push (the worst category) EB3 - I in this case so that it is somewhere in 2003 then it would make their system look better ..i.e. instead of giving people a chance to say that USCIS is broken they could say ..people will get GC's in 4 -5 years time. (whereas now people can say ..you have to wait for 8 years to get a GC).
which brings me to another point ..maybe we (atleast EB3 - I, EB2 - I and others affected) should send emails to their countries newspaper about these long queues .. at the least ..it would help some to make a decision on whether to go through this stupid process after wasting 10 - 12 K
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
which brings me to another point ..maybe we (atleast EB3 - I, EB2 - I and others affected) should send emails to their countries newspaper about these long queues .. at the least ..it would help some to make a decision on whether to go through this stupid process after wasting 10 - 12 K
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
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shana04
02-12 05:14 PM
Thanks a lot bro
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
It does not make any sense to send a new offer letter with AC21 unless you know the right job title or job description.
you would have a safe bet once you know your job title and send a new offer letter with your current employer and AC21 letter.
I can help you if you need AC21 letter.
good luck
LIN # is that the Reciept Number for I 140 if yes then the online status on that says "Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On July 26, 2006, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
"
but this got a soft LUD on 12/30/2007 but the message is the same as it was ever.
which is also a Answer to your Question 3.
But the only thing is my lawyer did not file any job offer letter while appling for my I 485 as i did not had any as i did mentioned we had a disagreement and the employer is not willing to give me any letter.
but my current employer is a best person to work with and he is ready to help me at any extend he will not mind doing anything which will help me getting my green card.
Please advice if this could be an issue not having the employer letter while filling the I 485.
Thanks
It does not make any sense to send a new offer letter with AC21 unless you know the right job title or job description.
you would have a safe bet once you know your job title and send a new offer letter with your current employer and AC21 letter.
I can help you if you need AC21 letter.
good luck
more...
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willwin
06-05 11:44 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.
Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.
I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.
Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.
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gc_buddy
07-24 02:38 PM
EAD E-filed on June 19th
FP Done on July 11th
No approval as of now.
FP Done on July 11th
No approval as of now.
more...
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gdhiren
08-28 03:08 PM
Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
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pappu
04-03 09:03 AM
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice 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.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice 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.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
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psaxena
06-01 12:39 PM
I just mailed the opencongress.org on what do they do with the polling data. Is this is sent off to the lawmakers, or not.. Is there anyways that this polling data can be used to make our voices heard..
Guys feel free to send an email to open congress asking this or any questions you have. The foundation group which backs this website, I see , do have some political background.
Guys feel free to send an email to open congress asking this or any questions you have. The foundation group which backs this website, I see , do have some political background.
perm2gc
05-15 01:44 PM
The Bill has gone too far from what it means.Why didn't the congressman ask the American employers the same questions they asked other big companies.The H1 and L1 classifications allows them for gouging but the bill is not the answer for it.They are trying to show the stats that supports their insane bill.
Anna35
09-19 02:58 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
