Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
.gif "love quotes for him from the")
indyanguy
09-15 02:15 PM
How long do they want the EB3 NSC I-140s to suffer? Get us out of this black hole !!! :mad::mad:
485Mbe4001
03-28 04:34 PM
Can you make the PD field numeric, sorting will be easier.
needhelp!
03-28 01:30 PM
Thanks to the volunteers putting in the efforts to work on this. Soon everything should be smoothened out.
more...
LostInGCProcess
07-25 02:19 AM
Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?
Please suggest.
Thanks
-M
It would be nice if your friend becomes a member of IV and ask the questions himself and be part of the whole immigration process...instead of asking you to post those questions and act as a middleman.
There are so many valuable members in IV community who can give great suggestions. First hand information is always better then passing thru a middle layer...just my opinion.
Cheers
Please suggest.
Thanks
-M
It would be nice if your friend becomes a member of IV and ask the questions himself and be part of the whole immigration process...instead of asking you to post those questions and act as a middleman.
There are so many valuable members in IV community who can give great suggestions. First hand information is always better then passing thru a middle layer...just my opinion.
Cheers
nomorelogins
01-28 08:52 PM
@nozerd,
could you please explain the logic/rules.
The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.
could you please explain the logic/rules.
The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.
more...
RecycledRaj
09-18 01:17 PM
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
hianupam
04-16 01:49 PM
wht field u and ur wife work on??
Both of us work in the energy (electricity) industry.
Both of us work in the energy (electricity) industry.
more...
smuggymba
03-30 08:34 PM
To the Admins - I went in to update my PD on the profile, the latest date is oct 2009. Can you please update.
njdude26
07-12 01:39 PM
My case was closed in Error at the PBEC. My attorney had sent a letter saying this some months ago. Today my attorney informed me that there is some new procedure of re-opening cases that was closed in error using which he says he sent the information by email today.
Just thought will give you guys the info.
Just thought will give you guys the info.
more...
indianabacklog
07-31 12:22 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
singhsa3
09-05 09:27 PM
How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
more...
vandanaverdia
09-09 01:57 PM
^^^ bump ^^^
kpkrind
05-05 11:04 AM
My spouse was on h1 earlier, she is now on h4, however her h1 petion is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh H1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?
Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?
Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?
more...
chandra_mb
07-23 04:56 PM
Hi,
The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.
Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.
"or other evidence" ... So I think Case status printout + FP notice should be good enough.
The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.
Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.
"or other evidence" ... So I think Case status printout + FP notice should be good enough.
GCanyMinute
08-22 09:04 PM
... 160 views until now and no one offered any help yet :o
please help :D
please help :D
more...
rnanchal
02-05 03:46 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
tnite
08-03 11:40 PM
I received a NOID (Notice Of Intent Deny) from USCIS.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.
chanduv23
07-17 07:37 AM
Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.
All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.
In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.
Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.
After things go well for u- screw them big time, expose them on the internet and desi crunch.
All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.
In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.
Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.
After things go well for u- screw them big time, expose them on the internet and desi crunch.
help43
09-12 05:09 PM
Can any body tell me
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
gbof
07-31 10:02 AM
aa jaa tuj koo pukaraeee tera meeet re...oo meare dil bar...........abb tou aa jaa...ab tou aa ja
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