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  • mohican
    12-31 04:44 PM
    NEED HELP!!! what are my options?

    I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

    I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

    The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

    1. Is any one in similar situation?
    2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
    3. if my employer were to file a PERM labor application--can I port my previous priority date?

    Mohican



    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.





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  • jungalee43
    09-15 11:39 AM
    How can this thread go down today?
    Why can't the members understand that nothing else is more important for us today than H.R. 5882 support calls.
    Nothing else matters today, not your tax questions, not your political views, no RFEs... nothing.... NOT EVEN LEHMAN BORTHERS.

    So Call Call and Call





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  • nk2006
    09-10 09:54 AM
    We should all feel proud that many co-sponsors are a result of efforts of IV and its members.When members ask proof of success, this is one of them.
    Well done IV for the work so far - but we have to continue this push. Any idea on which other members we should call.

    Note: I spoke with a few members to encourage them to call, there seems some confusion in their understanding of which congressmen we should call first. Calling the current co-sponsors may not be necessary but calling other members might still result in adding more co-sponsors (if we are able to convince them).

    Friends, October bulletin is out and we are again seeing the retrogession. So forget about the talk that all dates will become current - it wont happen unless there is a change in law and past visa numbers are recaptured. This bill is our biggest and only hope until for atleast another year. Lets do our part and hope for the best (believe me - all it takes is less than an hour of your time).





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  • inderman
    10-20 01:09 PM
    Its good to hear from ppl that they got an Yellow form from Infopass etc... I have been to San Jose USCIS office multiple times asking for status.... I just don't receive any concrete information from them...Infact, they are even hesitant to create an SR to request an update...

    Any one else visited San Jose USCIS office? Similar experience, please share it with us...

    and What do u mean by stating that 485 is at local USCIS office? All 485 applications will b at either NSC or TSC, rite?

    I had an SR open for which i got the response as wait for 60-90 days and case is in the process of review.

    I went to Infopass (San Jose) twice and both times they said, i need to wait as your case just needs to get picked up for processing and every thing else looks ok...

    Called the NCSC and they also tell me to wait for 30-60 days....


    What other things can we do to actually get our case picked up?



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  • pappu
    04-24 07:05 PM
    http://immigrationvoice.org/forum/search.php?searchid=1611042





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  • Sri_1975
    06-22 12:13 PM
    Hi Guys any updates..



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  • ramus
    06-29 07:51 PM
    Same with me... my attorney is not responding either. I guess it is done deal now.. Good luck to all who can file even if dates goes back..I think it will be 'U' for India and china..





    [QUOTE=makemygc]well i courier-ed it to my attorney to be supposedly mail out by today but now that law firm is not even responding...so even if move my ass or move my other body parts ...its not going to change any darn thing....I know u must definitely be moving all the way from top to bottom...best of luck..[/QUOTE


    gud luck to u too!!!!





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  • Ramba
    08-21 12:55 PM
    You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

    As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.

    Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.



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  • vkrishn
    08-13 01:20 PM
    did they contact you after this email? or any LUD on your case?

    Nope. Nothing Yet. Its atleast better than the script response that i get from NSC.





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  • kushaljn
    01-04 02:06 AM
    Did anyone who was given that yellow form and asked that he/she would receive an email get email from the consulate.

    Was any one successfully receive a visa stamp after being referred to PIMS system?
    What is the time line for such visa stamps?



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  • gc28262
    06-13 01:25 PM
    gc26...., It seems that you have missed the point again. Any logical person will have the capability to comprehend that this thread is against visa abuse in L1 category.. If you still didn't get it, objective is to explore the options to report abuse of L1. Benefits are: genuine people still get the opportunity, reduce over supply in market, not bring wages down etc.

    Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...

    Totally, non baseless argument by you and Ganguteli...

    I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.

    BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.





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  • abuddyz
    01-30 08:31 AM
    I have a WAC number and petition approved in Feb 07. Stuck here for 1 month, 18 days and counting. I called DOS and didn't receive a positive response. Will try calling KCC tomorrow.

    :confused:

    Good luck to you.. I understand it is really frustrating... and they don't really care for us.

    if more people post their details then we might be able to conclude something.. there are always exceptions so it is very difficult to figure out.. (well, it might be possible that there is no pattern but if we get more details of more cases then we can think something... after all we can't do anything apart from this ...:mad: )



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  • hsbaluja
    09-23 05:22 PM
    As per my knowledge, one can't file I485 application until and unless priority date is current. How come this report is showing 485 application count of EB2 after Aug 2007 priority dates.

    As per FAQ's (RED text in above post) these numbers are based on priority dates





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  • royus77
    06-29 06:47 PM
    http://aila.org/content/default.aspx?docid=22799
    Can anyone having access post what is there?


    its already published ..go back on the thread..same old story which Oh reported about AILA push



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  • patiently_waiting
    10-01 12:19 PM
    psk79, Thanks a lot. It really helps lot of peoples in making calls from mobile or office landline easily.

    That is exactly what smsthss is trying to tell you. To call from your mobile phone in US using vonage, you will need to have internet access for a few minutes (say a PC or better if you have an iphone;))

    1. Open your browser and log into your vonage account and click on setup call forwarding.
    2. Put the destination number in India (person in india that you want to call) as the number to which all calls to your vonage are forwarded to. Yes, vonage accepts 01191xxxxxxxxx number for forwarding calls.
    3. Click Save.
    4. Now from your mobile phone or any phone, call your own vonage number and bingo! call is forwarded to your friend in India. (Now remember to remove call forwarding or all calls to your vonage still keep going to your friend in India ;))

    Now use this link - Vonage Two Free Months when you sign up using this link (http://www.cheapcent.com/blog/44-all/70-vonage-free-unlimited-calling-to-60-countries-india-china-etc-two-months-free) and enjoy two months of free calling. Also, even if you don't sign up, visit some of their sponsors (ads on their page) and keep such blogs floating.... Enjoy !!@!!





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  • ohguy
    09-17 08:22 PM
    Hi ag11,

    I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?

    I received I-485 approval letter from USCIS today which reads as follows:

    "The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date, time and location to appear.

    If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed above."

    Did anyone receive a notice like this? How many days did it take to get the biometric notice after this notice if anyone received the above?

    My wife already received her physical green card although she is beneficary of my application.

    I was planning on going to India in Nov, but can't book now as I don't know how long it will take :mad:

    I don't think InfoPass will entertain me to request for Biometrics especially since this notice tells to wait.

    Anyone with similar notice, any inputs are greatly appreciated. Thank you friends!!



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  • needhelp!
    01-09 07:40 PM
    To find immigrant community everywhere.. at your workplace, at grocery stores, cinema halls, places of worship, where else?

    Lets find them and inform them and CONVINCE them of the importance of doing this.

    Lets offer to make it easy for them by having printed letters ready for signature + name + address.

    We have only 4 weekends to get it done. In my past experience, you will need an hour to yield an output of about 10 - 15 letters. Plan and be prepared.

    If you get a friend to go with you, it will be great, but if not, then plan yourself and execute. I had done this for our signature campaign prior to the rally and I will do it again!





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  • rcr_bulk
    08-25 03:54 PM
    If someone is a customer of Teleblend, they should contact them and ask them to provide a matching world plan service. Or else you and your friends will switch to Vonage. You will be surprised how fast teleblend will come up with a better plan than Vonage. In this country customer is the king. Vonage is trying to tie you up with an yearly plan. Wait and get Teleblend or other company to give you a better deal and you will save more money. Vonage is banking on being the first and capturing the market for 1 year before others give a better deal. It had to do it because people were switching to Teleblend, Omma or MagicJack. Now it is time for customers to contact these company senior executives and ask them to give you a good plan if they want you to stick with the company.
    For now Vonage is good plan for who call India frequently and costumer service is good (atleast when you are their costumer). This will at least create some competition among the VOIP companies and Indian calling card companies. When some body comes with a better plan or service or Vonage is not doing good than we can switch to other. Competition like this between companies only consumers (like us) gets benefit.





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  • caliguy
    10-26 07:50 PM
    13 years since I landed in this country.....finally, I got the approval email 15 minutes back. I am not sure how to express my feelings (or lack thereof).

    I want to thank the following guys from the botton of my heart.
    1) KubMilegaGC - who gave me support in September or was around for sometime in October to check on my status
    2) SeekerOfPeace, KewlChap and fatjoe - for all the valuable information they have provided. Thank you so much guys!!

    I did the following:
    1) Took around 10 Infopass appointments, with the last one being today morning at 9 AM PST. IO told me that my case was under review since July 2009.
    2) Attorney reached out to AILA liaison
    3) Sent DHS-7001 to CIS Ombudsman
    4) Letter requesting USCIS secretary Napolatino to inquire about the delay in my case
    5) Letter to first lady last weekend requesting to inquire about the delay in my case
    6) Several inquiries were made by Congresswoman on my behalf
    7) Inquiry was made on my behalf by the senator
    8) Opened several SRs - I think around 6 or 7

    As a result, I now have around 30 different responses from USCIS/DHS. Looking at each response, it makes me believe that they have not even cared to look at my case and have just pulled out a response from a standard set of responses.

    I believe what really helped me is a phone call using the POJ method to TSC. I was fortunate to get a hold of a very nice and polite IO. IO walked me through the entire process and to my utter disbelief told me that my case was still sitting in the storage area and collecting dust (this was 2 weeks back). While I was on the phone, the IO sent a request to the folks in the storage area to pull my file out. Luckily for me, the file was in one of the storage areas in Texas itself. Once the file was at the Texas service center, it sat in the holding area for almost a week . It seems like the officer picked up my file sometime at the end of last week or earlier this morning.

    Edit to the post: In hindsight, I think the delay in my case was because I had 4 I-140s (2 from RIR labor and 2 from PERM, one each for EB2 and EB3). I think whenever the IOs looked at my file, they thought that my case was not current. The IO I talked to specifically put in a note for the IO to look at the EB2 140 (June 2004) and not the EB3 I-140 (June 2004) or the I-140s that I have from July 2005. I dont know what to tell my attorney, not sure why they had to file 140s in EB3 for me.

    Once again, thanks to everyone who has supported me to get through this painful process. Last 60 days (since September 1st) have been very painful for me.

    Good luck to all EB2 who are still waiting and to all the EB3 folks, I hope you guys become current soon and get your GCs - I really really admire your patience.

    Keep the faith.....





    desi3933
    08-21 09:52 PM
    03 is my pd..not approval date..mine was bec'ed.yes from about 01..


    Thanks for the clarification.

    If your PD is 2003, then you are waiting for 5 years, not for decade. Just FYI, saying decade (instead of 5 years) is material misrepresentation.

    Good Luck.





    logiclife
    06-15 01:19 PM
    All attorneys are going to be very very busy so it is just better to file your self. I have an attorny, I submitted all documents to my attorney by 20th May but they have not done anything about it.

    I shopped around yesterday for lawyers coz I wanted to fire my lawyer (my company's lawyer) and get my own.

    Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.

    Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.

    There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.



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