bostonqa
04-24 01:33 PM
I also got my "Card production ordered" status few days back.
however I also received a mail for biometrics appointment of 05/02?
the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.
why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?
should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02
---------------------------------------------
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: MA
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): Yes
485 Receipt Date : June 14th 2007
485 Notice Date : July 2nd 2007
MY FP Completed : 08/02
485 LUD - 08/02, 08/02
however I also received a mail for biometrics appointment of 05/02?
the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.
why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?
should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02
---------------------------------------------
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: MA
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): Yes
485 Receipt Date : June 14th 2007
485 Notice Date : July 2nd 2007
MY FP Completed : 08/02
485 LUD - 08/02, 08/02
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genius
11-21 08:51 PM
Guy..i am just too tired of waiting ...but will still keep working towards it...
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
chanduv23
09-11 04:28 PM
Yes - lot of people are making last minute plans - GO IV GO
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Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
more...
paritp
07-18 12:34 PM
i call the service center no and then ext 1,2,2,6,2,2,1
first i spoke to level 1 cs n then was directed to level2
the lady there was very nice and i asked her what to do as i filed I 485 on july 2 and didnt know wat to do going forward.......
so she asked for my last name first name and DOB and said that there was no entry in my name..........so basically she didnt know the whereabouts of my application.......
she advices me to wait for a week n check again as i was not in the system. she also told me that this does not mesan that i am rejected or anything like that.
so i will wait for a few days n call back on monday
pari
first i spoke to level 1 cs n then was directed to level2
the lady there was very nice and i asked her what to do as i filed I 485 on july 2 and didnt know wat to do going forward.......
so she asked for my last name first name and DOB and said that there was no entry in my name..........so basically she didnt know the whereabouts of my application.......
she advices me to wait for a week n check again as i was not in the system. she also told me that this does not mesan that i am rejected or anything like that.
so i will wait for a few days n call back on monday
pari
mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
more...
ronhira
04-09 07:02 PM
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....
there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -
- fix backlog without immigration bill
- vb dates all current in 2 months
- spillover crap (this one is my favorite)
all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....
there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -
- fix backlog without immigration bill
- vb dates all current in 2 months
- spillover crap (this one is my favorite)
all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......
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msyedy
06-12 09:04 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
more...
ronitm
07-05 04:04 PM
Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
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gc_chahiye
08-16 12:59 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
more...
webm
03-19 11:39 AM
I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
Thanks for the update!! dude...
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
Thanks for the update!! dude...
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gk_2000
08-10 08:56 PM
so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
more...
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pappu
04-07 12:57 PM
I consider it as a rumor. If you see people on other sites spreading panic, tell them to contact their friend's friend and have him/her contact Immigration voice.
I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.
The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .
I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.
The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .
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Ahimsa
11-08 02:49 PM
Hi
I live in Iselin
My labor filed in Nov 2003 as NY EB3 RIR
Not yet approved -- "In Process"
I live in Iselin
My labor filed in Nov 2003 as NY EB3 RIR
Not yet approved -- "In Process"
more...
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saroj76
07-28 03:38 PM
Lord Ganesha picture on the India Pale Ale is a warning symbol. It means that if you drink too much beer, do not exercise, and use mouse as your vehicle then your belly will be as big as Lord Ganesha's belly LOL
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
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swissgear
06-10 03:59 PM
sent...thanks
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god_bless_you
12-13 10:57 AM
I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
but What is the stand of Core group on this?
No update from any one!!
but What is the stand of Core group on this?
No update from any one!!
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alex99
10-29 08:57 PM
^^^^^^^^^^^^
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chanduv23
07-02 07:20 AM
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.
Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.
Macaca
09-10 04:44 PM
Money Comes and Goes
You Live for the
History Books
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You Live for the
History Books
His Airness, Michael Jordan: The Best Ever
Jaime
09-12 01:23 AM
Thank you Governor(s)!!
Congressmen/Senators please do what the nation's leaders are are asking you for a long time.
Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?
I'm in!!!
Congressmen/Senators please do what the nation's leaders are are asking you for a long time.
Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?
I'm in!!!
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