dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
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GCBy3000
07-17 03:35 PM
Congratulations. You are very very lucky looking at the big UUUUUUUU for EB2 from next month.
mk26
05-14 12:53 PM
MD counties charge county income tax which is a rip off. Look in VA
Agree with this statement, county tax sucks in MD
Agree with this statement, county tax sucks in MD
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Chris Rock
08-12 12:42 PM
bump
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gcdreamer05
12-12 11:36 AM
Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.
Oh no missed it, i will surely be online next thursday to talk to the attorney.
Oh no missed it, i will surely be online next thursday to talk to the attorney.
GC109
06-22 02:54 AM
Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.
If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.
You will need letters from all your previous employers, verifying the job discription
Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)
After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)
After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)
Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.
And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck
Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?
If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.
You will need letters from all your previous employers, verifying the job discription
Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)
After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)
After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)
Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.
And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck
Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?
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karthiknv143
06-25 01:37 PM
Regarding affidavits, scanned copy is good enough.
Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....
Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....
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easygoer
05-14 02:32 PM
Shujaat,
Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.
Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.
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sudhakar226
10-10 04:34 PM
Hi Ps57002 good to see you here.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
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rajivkumarverma
10-15 09:52 PM
From India
in Chemical Technology 4 Yeards B.Tech degree
HBTI Kanpur UP
in Chemical Technology 4 Yeards B.Tech degree
HBTI Kanpur UP
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Tommy_S
05-12 12:25 PM
Choice of fonts is poor. :hat:
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indianabacklog
08-16 02:53 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
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dreamgc_real
09-14 08:21 AM
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!
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Can2004
09-18 09:39 AM
Hi there,
I submitted a response for similar RFE in march.My attorney just asked me to submit CC statements for that month when I entered US along with an affidavit that passports were checked but not stamped.We did that. My case status changed to ""response received and processing resumed"" after USCIS received the response.
I used to commute accross the border 5 days a week for almost 2 years and my passport was never stamped after the initial entry.
I hope this helps.
I submitted a response for similar RFE in march.My attorney just asked me to submit CC statements for that month when I entered US along with an affidavit that passports were checked but not stamped.We did that. My case status changed to ""response received and processing resumed"" after USCIS received the response.
I used to commute accross the border 5 days a week for almost 2 years and my passport was never stamped after the initial entry.
I hope this helps.
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sai
03-26 06:22 PM
thanks for the info. Sounds interesting.
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Lisap
08-28 12:18 PM
Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!
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WillIBLucky
05-30 02:44 PM
I agree this crappy bill better not pass and is worse than retrogression. It is screwing everyone at the cost of giving amnesty to illegals. It is such a joke I would have never imagined that they would have the balls to do this, but I guess they are all politicians!!!
It would take 10 years for Illegals to get citizenship under this bill and get voting rights.
But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!
It would take 10 years for Illegals to get citizenship under this bill and get voting rights.
But it looks like the exisiting latino group has promised vote to democratic candidate in 2009 for President. And so this bill is so much for illegals. We educated even if become citizen will take a educated decision on who should we vote. So they are screwing us. Politics!
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flex
10-02 02:23 PM
Eilsoe - save some of that inspiration for the game.
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green1
08-19 12:24 AM
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
krishnam70
02-17 05:18 PM
Another op-ed should be coming soon in another media
may be quoting some of the links like below could give the article more coverage.
http://blogs.ilw.com/gregsiskind/2009/02/h1b-visas-and-the-banks-the-real-story.html
may be quoting some of the links like below could give the article more coverage.
http://blogs.ilw.com/gregsiskind/2009/02/h1b-visas-and-the-banks-the-real-story.html
orangutan
10-04 03:57 PM
Good, USCIS is working on saturday for you. You are lying again like you did for your visa?
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
