rajenk
04-27 01:24 PM
Sorry to hear that. That was really sad. Any ways past is past. Do the following.
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
chanduv23
03-31 01:55 PM
I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
quizzer
01-02 12:01 PM
New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Ajaykumar
11-06 01:37 PM
Thank you wandmaker for answering the questions. All the best.
more...
pappu
10-19 02:22 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.
miguy
07-22 11:40 AM
Please check my question in blue below
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
more...
desi3933
03-05 12:24 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
pointlesswait
01-05 04:21 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
more...
RadioactveChimp
04-16 12:00 PM
thanks for the comments guys and dean
i dont get waht your argument is about
all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D
i dont get waht your argument is about
all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D
keepwalking
05-14 03:23 PM
Thank you very much for your prompt reply.
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
You are right. It would take approximately 9-12 months before she can get her GC. A friend of mine in the same situation. He added his wife to the GC application last year when PD was current. He got his GC in August 2010, but his wife is still waiting for the GC. It all depends on 485 processing dates and FBI name check etc....but she will get EAD/AP in few months....
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
You are right. It would take approximately 9-12 months before she can get her GC. A friend of mine in the same situation. He added his wife to the GC application last year when PD was current. He got his GC in August 2010, but his wife is still waiting for the GC. It all depends on 485 processing dates and FBI name check etc....but she will get EAD/AP in few months....
more...
gcchaahiyey
04-07 03:42 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
pdakwala
04-29 11:23 AM
Guys,
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.
To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.
Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.
more...
devikas81
09-09 07:08 PM
Pls. update ur case once you receive any action from USCIS,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
a_to_z_gc
01-22 07:29 PM
Try marrying a US citizen, that may be your only hope looking at the current situation (Just kidding)
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
more...
indianindian2006
08-02 01:43 PM
>>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
Can I inquire from USPS just the status of the money order and not accept any refunds.
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
Can I inquire from USPS just the status of the money order and not accept any refunds.
amar123
07-29 12:34 AM
Thats it. This post is the final nail in the coffin :). These soft LUDs mean nothing. Confirmed!!! Thanx for sharing this info and n'joy ur green.
Been saying that since morning, the whole purpose of this thread was so others dont get the sudden adrenaline rush on seeing the LUD.
It took the whole day,and people still dont get it, and I get a red spot from someone claiming this is an unnecessary thread!!.
Heck, we are all waiting for the 485 processing to happen,without any visibility,so, any info, we get , we lap it up.
But, again ,like I said in the morning, this thread needs to be closed for replies and open just so, others can know that the sunday LUD was meaningless in the context of PD being current
Been saying that since morning, the whole purpose of this thread was so others dont get the sudden adrenaline rush on seeing the LUD.
It took the whole day,and people still dont get it, and I get a red spot from someone claiming this is an unnecessary thread!!.
Heck, we are all waiting for the 485 processing to happen,without any visibility,so, any info, we get , we lap it up.
But, again ,like I said in the morning, this thread needs to be closed for replies and open just so, others can know that the sunday LUD was meaningless in the context of PD being current
more...
venky08
12-06 11:35 PM
three words dude:
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
austingc
09-01 10:21 AM
Thank you for your help in this regard. My attorney submitted
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
Karthikthiru
10-11 12:40 PM
You said Master's is the requirement. But When did you file your labor?
Karthik
Karthik
sai_srinivas
05-31 08:09 AM
Can someone provide their experience/opinion on this?
amitga
03-05 01:51 PM
They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:
Where are the details of the bill? I am not able to find it anywhere.
Where are the details of the bill? I am not able to find it anywhere.
No comments:
Post a Comment