yingli
08-25 02:57 PM
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
msyedy
01-25 11:28 AM
Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?
How nuke bill is related to SKIL bill......
Admin close this forum.
How nuke bill is related to SKIL bill......
Admin close this forum.
Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
binadh
07-05 11:13 AM
This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
more...
meet
08-17 11:14 PM
I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
yogirajd
01-14 01:47 PM
Hello All,
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
more...
mygc2006
06-14 11:19 AM
Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ? Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
gc_buddy
11-19 12:17 AM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
more...
ameryki
07-20 11:17 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
anilsal
12-14 12:05 PM
I also think our phone campaign to various lawmakers should continue, considering the fact that Sen.Cornyn's office acknowledging that multiple calls opposing SKIL bill were received the day, we were calling the office.
more...
akred
01-01 02:44 PM
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
A recession will fix things too by reducing visa demand in the worldwide categories that are current today.
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
A recession will fix things too by reducing visa demand in the worldwide categories that are current today.
inskrish
04-18 11:40 AM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
more...
immi_seeker
09-27 11:57 AM
Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Me and my wife recieved our FP notcies 4 days apart. i would say wait for a week before calling USCIS, but make sure you call before your appt itself. Also you can check with your attorney whether they have recieved the FP notice
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Me and my wife recieved our FP notcies 4 days apart. i would say wait for a week before calling USCIS, but make sure you call before your appt itself. Also you can check with your attorney whether they have recieved the FP notice
ebizash
05-01 05:13 PM
I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.
This is based on my reading up other posts on IV and may not be accurate.
This is based on my reading up other posts on IV and may not be accurate.
more...
funny
10-01 05:01 PM
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
jackrock79
01-13 03:56 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
more...
sanjay
04-07 10:20 AM
Is this something common?. I did not get any emails after that. Following is the relevant part of the email....
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
nixstor
07-09 08:04 PM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
GC_1000Watt
08-05 03:42 PM
Hello all,
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
Also did you submitted H1B fees diff. of new and old fee duting the visa interview?
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
Also did you submitted H1B fees diff. of new and old fee duting the visa interview?
aat0995
09-23 01:24 PM
Soft LUD for me. It was so soft that it didnt even update the date.
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
And how to you differentiate between soft lud and very soft lud?:o
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
And how to you differentiate between soft lud and very soft lud?:o
pappu
05-31 08:27 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
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