rkgc
05-30 12:01 AM
Done, thx
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vasireddyanil
02-19 09:42 PM
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Gravitation
07-06 03:33 PM
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
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morpheus
04-10 04:11 PM
The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
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gc_bucs
04-01 03:28 PM
Sent the fax. Thanks for putting it together
rkanth12
09-10 12:02 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
more...
bigticket
08-23 11:10 AM
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
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snathan
07-04 08:44 PM
^^^^^^^^^^^^^^^^
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axp817
04-06 03:09 PM
One way of thanking IV is by making a donation, so that IV can continue to help others like you.
just a thought.
Good luck with your situation.
just a thought.
Good luck with your situation.
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gsc999
07-06 07:57 PM
[QUOTE=logiclife]EDIT: According to Dr. Bahrainwala,this has been bumped to 7/7/07..
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
--
The telecast has been postphoned till tomorrow.
Saturday(07/07) is even better, more coverage.
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
--
The telecast has been postphoned till tomorrow.
Saturday(07/07) is even better, more coverage.
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satyasaich
07-29 11:26 AM
and it's a 2 year valid EAD
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
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ashkam
03-17 11:30 AM
I don't have anything helpful to add, just wanted to wish you all the best. Hopefully you still have time left on your H1B to restart your GC process.
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EkAurAaya
10-11 04:30 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
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alwayson
11-04 12:15 PM
EB2 India - 15-FEB-05
EB3 India - Same
EB3 India - Same
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isantem
07-29 05:10 PM
In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
:D
Oh ,yes is my dream to move in India or China:D, wait for that, I willl let you know.
:D
Oh ,yes is my dream to move in India or China:D, wait for that, I willl let you know.
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GCBy3000
07-27 09:35 PM
Instead of calling NEB center daily, contribute to IV if you have not already done so. If you done so, update your signature.
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
more...
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jjjun
12-12 01:25 PM
They just do not want to us have a good Christmas time.
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skp07
10-08 02:07 PM
we saw the status updated this morning atlast. Hopefully will get the card soon in hand.
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused:
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused:
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gc_relief
03-26 11:36 AM
That means if u doesn't have a job don't drive:D
aau
08-22 01:31 PM
Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.
Are you referring to an 'Online' degree by any chance?! Please tell me the name of this University where you get a M.S. in 3 semesters...
Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.
Are you referring to an 'Online' degree by any chance?! Please tell me the name of this University where you get a M.S. in 3 semesters...
Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.
answers_seeker
02-19 02:09 PM
I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...
Did you recieve the RFE yet ?What was it about. Mine is a similar case. We both have LUDs on 02/10 and my wife's 485 recieved an RFE email today.
Did you recieve the RFE yet ?What was it about. Mine is a similar case. We both have LUDs on 02/10 and my wife's 485 recieved an RFE email today.
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