snarla
06-25 12:36 PM
Thanks for your response ...
I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...
My question is what will be one's status after filing I485?
I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...
My question is what will be one's status after filing I485?
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MerciesOfInjustices
02-26 03:42 PM
Folks,
why not get Jagadish Tytler involved? He's the man to go to.
See this link : http://www.jagdishtytler.com/pheld.htm
He has his contact info on his website as well.
Address (Resi): 9, Thyagaraj Marg, New Delhi
Phone No. : 23015056 (Residence) 23018596, 23012219, 23013386 (Office)
Mobile No. : 9811044164
Email address : writeme@jagdishtytler.com
Guys, didn't he quit after he was indicted in the 1984 riots? I am not really absolutely certain but I think somebody else is running the NRI ministry!
why not get Jagadish Tytler involved? He's the man to go to.
See this link : http://www.jagdishtytler.com/pheld.htm
He has his contact info on his website as well.
Address (Resi): 9, Thyagaraj Marg, New Delhi
Phone No. : 23015056 (Residence) 23018596, 23012219, 23013386 (Office)
Mobile No. : 9811044164
Email address : writeme@jagdishtytler.com
Guys, didn't he quit after he was indicted in the 1984 riots? I am not really absolutely certain but I think somebody else is running the NRI ministry!
go_guy123
05-26 11:03 PM
Dude, what are you talking about :confused::confused::confused: Am I missing any comedy here?
No, just years of EB backlog are taking a toll on his health and mind.
No, just years of EB backlog are taking a toll on his health and mind.
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rajabeta
12-19 03:12 PM
I took an infopass appointment on 12/13 and met with an IO. All the IO did was to e-mail the service center for FP. I now see two soft LUDs on 12/15 and 12/18 on my I-485. I don't know if these are related to the generation of FP notice or something else.
infopass is not useful for fp. I too tried that way, but didnt help.
if you use the poj, and you are lucky to get hold of IO at the office where your 485 is pending, then they have the authority to create new fp notice and they can also check whether your name check is cleared or not. they will also give you the dates as to when the name check was initiated (this is usually 1 week after your notice date).
infopass is not useful for fp. I too tried that way, but didnt help.
if you use the poj, and you are lucky to get hold of IO at the office where your 485 is pending, then they have the authority to create new fp notice and they can also check whether your name check is cleared or not. they will also give you the dates as to when the name check was initiated (this is usually 1 week after your notice date).
more...
MYGCBY2010
10-17 02:44 PM
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
In my scenario, most of my stay in US, was limited to the stay period mentioned in my VISA though I-94 was given for longer period. There was one instance when I-94 date was given for a longer period than Visa expiry and I stayed till my i-94 date though visa expired. For this particular stay, when I look at the US Entry and Exit dates it would say as if I overstayed though legally allowed and only way to prove that would be the I-94 copy. I dont have the copy of that I-94...
Just kind of wondering how to handle this particular scenario... Any ideas/suggestions...
In my scenario, most of my stay in US, was limited to the stay period mentioned in my VISA though I-94 was given for longer period. There was one instance when I-94 date was given for a longer period than Visa expiry and I stayed till my i-94 date though visa expired. For this particular stay, when I look at the US Entry and Exit dates it would say as if I overstayed though legally allowed and only way to prove that would be the I-94 copy. I dont have the copy of that I-94...
Just kind of wondering how to handle this particular scenario... Any ideas/suggestions...
Hermione
10-02 04:09 PM
That's correct, employer cannot withdraw I-140 after I-485 has been pending for 180 days. Also, even if I-140 is not approved after 180 days, it can be ported to a different employer, provided that the original I-140 was approvable. Ability to pay in that case is determined based on the original company's ability to pay.
pro, 1) you must have a job offer in hand in the same or similar postion for your green card to be approved (this is why it is called employement based category) 2) AC21, which can be invoked any time after your I-485 has been pending for more than 180 days, changes the sponsoring employer on your green card. You may actually work for any employer in the meantime, provided, you have proper authorization.
pro, 1) you must have a job offer in hand in the same or similar postion for your green card to be approved (this is why it is called employement based category) 2) AC21, which can be invoked any time after your I-485 has been pending for more than 180 days, changes the sponsoring employer on your green card. You may actually work for any employer in the meantime, provided, you have proper authorization.
more...
sandy_anand
01-08 10:12 AM
Satyam in tamil means truth. However, the company CEO is now known for Fraud......how ironic.
SATYAM in Telugu means TRUTH too...
SATYAM in Telugu means TRUTH too...
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desi485
11-07 03:14 PM
Friends,
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
more...
NKR
11-07 03:54 PM
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.
However, having an official AC21 process would be good.
I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.
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wandmaker
11-19 01:30 PM
It takes about 2 weeks get the RFE. It contains 2+ pages, first page is cover letter and second page+ will contain RFE details. NSC is know to issuing RFE on ability to pay, education (if 3 years degree) and detailed professional experience letters.
more...
athanga
12-14 02:07 PM
a recapture helps everone by moving the line forward and making dates current. there is also a parallel effort on to bring changes like 485 filing without PD being current. so no one ie being left behind or ignored. these efforts will help all of us affected by retrogression and stuck in different stages.
If IV can help this (apply for I-485 without having current PD) proceed in anyway, I would be so happy. I got married 2 years ago, my wife is a finance professional, an employer in US applied a H1b for her, ended up getting rejected in the lottery.
I had just (during the open I485 time frame) then switched employers and my employer filed for labor which never got cleared in time (actually still isnt cleared - random Audit).
So my wife and me are shuttling between India and US to even meet each other.
Have been in US for 9 (with 2 masters and 5 years working) years now, still no way of finding a visa for my wife to work.
I work for one of the big Biotech guys and kind of like my job, otherwise working in India along with the wife looks very intriguing
If IV can help this (apply for I-485 without having current PD) proceed in anyway, I would be so happy. I got married 2 years ago, my wife is a finance professional, an employer in US applied a H1b for her, ended up getting rejected in the lottery.
I had just (during the open I485 time frame) then switched employers and my employer filed for labor which never got cleared in time (actually still isnt cleared - random Audit).
So my wife and me are shuttling between India and US to even meet each other.
Have been in US for 9 (with 2 masters and 5 years working) years now, still no way of finding a visa for my wife to work.
I work for one of the big Biotech guys and kind of like my job, otherwise working in India along with the wife looks very intriguing
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inskrish
07-20 07:09 PM
Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????
Hi,
USCIS gives RFE for birth certificate related issues.
Regards,
IK
Hi,
USCIS gives RFE for birth certificate related issues.
Regards,
IK
more...
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narendra_modi
04-21 01:29 PM
I am saying why not GC for MDs & Dentist along with PhDs...They are not less qualified than PhDs. please lets discuss and help those doctors suffering many years due to all this J1/H1 b**l s**t ...
This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.
You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151
Pls use the material from the letter attached there in your letters to senators and congressmen.
Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.
This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.
You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151
Pls use the material from the letter attached there in your letters to senators and congressmen.
Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.
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ameryki
07-25 02:33 PM
I heard that's the way it should be from Aug 1st... :confused:
Someone advise...
heard what?
Someone advise...
heard what?
more...
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GCplease
07-19 11:22 AM
GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.
Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?
Thanks,
gchopes
wait for 15 days since USCIS said they sent you the rfe. After that you can call uscis at the # they have in the EAD Receipt they sent you, and you can open a Service Request for non delivery of the RFE. There is a 15 day rule. if you call earlier, they are not gonna entertain you. I got my RFE after 3 days I opened the SR.
But call immediately after the 15 days because the time limit for you to send the rfe is 33 days and this clock starts from the time they say they have sent you the rfe (which you may have recived in an email notification or the online status). They did not extend this time period for me due to non-delivey.
The RFE they sent had the address we need to send the response. I think it was a different address.
The above said information is based on my experience. It may be be different with each case. you know how uscis is. just use it as a guideline.
Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?
Thanks,
gchopes
wait for 15 days since USCIS said they sent you the rfe. After that you can call uscis at the # they have in the EAD Receipt they sent you, and you can open a Service Request for non delivery of the RFE. There is a 15 day rule. if you call earlier, they are not gonna entertain you. I got my RFE after 3 days I opened the SR.
But call immediately after the 15 days because the time limit for you to send the rfe is 33 days and this clock starts from the time they say they have sent you the rfe (which you may have recived in an email notification or the online status). They did not extend this time period for me due to non-delivey.
The RFE they sent had the address we need to send the response. I think it was a different address.
The above said information is based on my experience. It may be be different with each case. you know how uscis is. just use it as a guideline.
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dealsnet
08-17 01:43 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
more...
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dealsnet
08-17 03:35 PM
This case is pending with AAO from Nov. 2009.
It will take 24 months to get a result.
Meanwhile he is going to start PERM in EB3.
Got RFE before the denial.
Replied with professor letter and premium evaluations ($750).
Still USCIS insist with EDGE database. It is private, no govt backing, but they are going by that findings.
Lawyer is hopeful for the result, he have 6 year college, they questioned about the 3 year degree, but the labor is for masters, He have masters (2 year) and total 4 year combined bachelors(3+1).
They no need to look the bachelors, when the education requirement is masters.
The evaluator give 20 US universities name which gives masters degree after 5 year course (5 year integrated degree).
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
It will take 24 months to get a result.
Meanwhile he is going to start PERM in EB3.
Got RFE before the denial.
Replied with professor letter and premium evaluations ($750).
Still USCIS insist with EDGE database. It is private, no govt backing, but they are going by that findings.
Lawyer is hopeful for the result, he have 6 year college, they questioned about the 3 year degree, but the labor is for masters, He have masters (2 year) and total 4 year combined bachelors(3+1).
They no need to look the bachelors, when the education requirement is masters.
The evaluator give 20 US universities name which gives masters degree after 5 year course (5 year integrated degree).
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
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bbct
02-17 05:51 PM
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
I have an email reply saying -
1) They are not going to provide a corrected W2 since they changed the payroll company starting 01/01/2009
2) The HR has asked me to report those wages even without a W2
3) They also wrote they have not received the Insurance Company payment statements which was not true because the Insurance Company did mailed those documents in the 2nd week of January and the HR also confirmed over the phone that they have received.
I have the statements from the Insurance Company that shows SS and Medicare taxes withheld. The statements also say it should be reported in the year end W2. I have also faxed the Insurance Company statements to them and have a confirmation report.
I really didn't want to file a complaint but since my wife has to receive W2 for the next year 2009 also, I felt they might do the same next year.
-good luck
kris
I have an email reply saying -
1) They are not going to provide a corrected W2 since they changed the payroll company starting 01/01/2009
2) The HR has asked me to report those wages even without a W2
3) They also wrote they have not received the Insurance Company payment statements which was not true because the Insurance Company did mailed those documents in the 2nd week of January and the HR also confirmed over the phone that they have received.
I have the statements from the Insurance Company that shows SS and Medicare taxes withheld. The statements also say it should be reported in the year end W2. I have also faxed the Insurance Company statements to them and have a confirmation report.
I really didn't want to file a complaint but since my wife has to receive W2 for the next year 2009 also, I felt they might do the same next year.
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go_getter007
12-11 12:23 PM
I think it's a way to manage your own expectations - if EBn works out in a reasonable amount of time (varies from person to person), the US is a great place to be, otherwise, your own country is not all that bad. :D
GG_007
Why are you applying in EB1 then ?
GG_007
Why are you applying in EB1 then ?
dilber
08-21 03:47 PM
Based on one of the core member's request, I did the research and shared the information with IV members, so that when you get the GC, you could make informed decision.
Please be optimistic. You getting GC should not be a question of “if”, it should be a question of “when and how soon”.
REQUEST ::
Please support IV and make it happen soon.
I think this thread is very informative and relevant at this time a lot of people are getting green cards and that has to be on their mind.
I did read about a case long back in 19XX there was a brink mason who came here on an EB GC and worked for his original employer for just 1 day and switched the employer sued or may be the INS charged him (Not to clear on it) but the gist is that he got his GC and courts ruled in his favor because he showed that the work promised was not the one he was asked to do the conditions were different and hence he was not bound to work in those conditions.
BTW I think this is very relevant thread gave you some green. (Actually my green turned your status from Red to Green):D
Please be optimistic. You getting GC should not be a question of “if”, it should be a question of “when and how soon”.
REQUEST ::
Please support IV and make it happen soon.
I think this thread is very informative and relevant at this time a lot of people are getting green cards and that has to be on their mind.
I did read about a case long back in 19XX there was a brink mason who came here on an EB GC and worked for his original employer for just 1 day and switched the employer sued or may be the INS charged him (Not to clear on it) but the gist is that he got his GC and courts ruled in his favor because he showed that the work promised was not the one he was asked to do the conditions were different and hence he was not bound to work in those conditions.
BTW I think this is very relevant thread gave you some green. (Actually my green turned your status from Red to Green):D
RanchCharm
08-22 03:22 PM
I filed on June 29. Reached on July 2
Signed by Bermeyer.
No receipts are received and no checks are cashed.
I am in same boat. I 485 application Reached NSC on july 2nd. Neither got recipts nor checks encashed. dont know whether cases are transferred to TSC
Signed by Bermeyer.
No receipts are received and no checks are cashed.
I am in same boat. I 485 application Reached NSC on july 2nd. Neither got recipts nor checks encashed. dont know whether cases are transferred to TSC