TigerAmit
09-23 05:32 PM
Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
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chanduv23
05-11 10:17 AM
I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.
You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.
Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.
Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..
I see people crying and cribbing and blaming everything and everyone for their situation.
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.
Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.
Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..
I see people crying and cribbing and blaming everything and everyone for their situation.
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
jayleno
07-09 08:44 AM
I think most would agree that this not a case of abuse. Its just an issue between two people. Sort this out with your employer. If he has really over paid you, isn't your 2 weeks salary lot less that 8K?
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
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pappusheth
05-21 05:01 PM
when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..
I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.
Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..
I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.
Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..
more...
radhagd
01-13 09:43 PM
To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.
bablata2007
11-27 03:36 PM
May be I wasnt clear in my query. Here is the situation:
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
more...
k_usa
12-16 11:32 AM
DMV people just look at the expiry date.
As pending 485 do not have expiry date they won't accept it as status.
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
As pending 485 do not have expiry date they won't accept it as status.
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
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pd_recapturing
11-27 03:55 PM
Your 180 days will be completed on 9th Feb 2008. I guess, if you can make sure that your company does not revoke your I-140 till Feb, you should be good. In the mean time, you can join another compny on EAD. I read somewhere in the forums that in case of layoffs (<180 days), one should get a letter from the company that states that they are laying you off NOT that you are resigning. This letter sometimes helps if USCIS issues RFE. This is my opinion and I am not a lawyer.
more...
sss2000
08-10 04:54 PM
How could you apply for I-485 with your PD, in June. If I am right, your PD was not current in June. Right????
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natrajs
03-06 02:58 PM
yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
(1700 days)
Since the Name check mess is cleared, You will get it soon
(1700 days)
Since the Name check mess is cleared, You will get it soon
more...
mannan74
08-27 06:02 PM
The answer is right there for you
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
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zinc
07-17 06:57 PM
Great job Guys...way to go. We can accomplish a lot if we work together.
All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
Order Details - Jul 17, 2007 16:21 GMT-07:00
Google Order #9502434335xxxxx
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100
All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
Order Details - Jul 17, 2007 16:21 GMT-07:00
Google Order #9502434335xxxxx
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100
more...
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waitingnwaiting
05-20 09:32 AM
How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.
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tonyHK12
10-11 05:43 PM
until the economy improves, i am not too optimistic that something will happen in lame duck session
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
more...
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singhsa3
10-22 01:00 PM
Some one gave me negative feedback on this thread.
To that person, why not you come out in open and discuss your problem.
To that person, why not you come out in open and discuss your problem.
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thamizhan
07-18 10:15 AM
Any information about returned applicantion filed for July ?
more...
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shortchanged
08-01 05:49 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
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ssingh92
12-10 09:33 AM
I contributed $100 and sent the message to all desi (FENCE SITTERS) who were working with me including who have received their GC. I never convinced by a rally in DC but I am fully convinced by lobbying for GC. This is the way to go and the democracy in US works.
Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.
Thanks,
Can you guys accept $50 also for one time contribution. There is no option for $50. I talked to some GC guys some of them willing to donate $50 but not $100.
Thanks,
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vnsriv
09-28 09:41 AM
1. My EAD application status at USCIS website got changed to,
Current Status: Approval notice sent.
this morning. My heartfelt thanks to ImmigrationVoice activists for this.
My spouse's EAD application status still shows as,
Current Status: Case received and pending.
In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?
2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.
Any information would be helpful.
Thanks,
You asked a question
1)
Any incidence of spouse's EAD case getting stuck while the primary's application going through?
So it means the people who visited don't have an answer for this or they are not aware of any such incident. Eventually someone will respond to your query
2) You send this query yesterday only 7 pm EST. So be patient
All the best !
Current Status: Approval notice sent.
this morning. My heartfelt thanks to ImmigrationVoice activists for this.
My spouse's EAD application status still shows as,
Current Status: Case received and pending.
In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?
2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.
Any information would be helpful.
Thanks,
You asked a question
1)
Any incidence of spouse's EAD case getting stuck while the primary's application going through?
So it means the people who visited don't have an answer for this or they are not aware of any such incident. Eventually someone will respond to your query
2) You send this query yesterday only 7 pm EST. So be patient
All the best !
vaishnavilakshmi
06-22 04:57 PM
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
alisa
12-17 12:10 PM
My Labor was rotting in BEC, and so I moved to another role, and will now have a PD of 2007 as a new labor will be filed, Rest of the world, EB-3......
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)