Sunx_2004
04-01 06:39 PM
As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
Any inputs..
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Any inputs..
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
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whoever
04-14 08:39 AM
China eb3 may move but not india eb3. there are too many of them. i dont think there will be any cir or things like it passed this year. there is already however several bills writting to resolve but with eb3 world and rest doing just fine, why would the congress want to do something for india. i would be very surprised if they did
aachoo
02-14 01:18 AM
got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11
I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
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rangaswamy
07-30 05:03 PM
Filed paper renewal on june 12th, Received card production ordered email today.
Ap was submitted 2 days ago.
PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.
AR
Ap was submitted 2 days ago.
PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.
AR
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NO_Free_Rider
10-15 03:00 AM
S.Venkatappa,
Not every employer gave the luxury of PERM option to their employees . . .
Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.
Not every employer gave the luxury of PERM option to their employees . . .
Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.
BumbleBee
08-22 07:48 PM
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
Now that make sense :)
Now that make sense :)
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crzyBanker
05-30 11:21 AM
done.
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mn1975
05-13 04:39 PM
there is something like fiancee visa, please search for more details on that
thanks
thanks
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Sheila Danzig
02-25 01:52 PM
I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.
With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.
The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).
If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.
The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).
If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
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amit79
04-10 11:47 AM
I've been a consultant for 5 years now, worked for 5 different clients, and was without work for just 4 days so far. If consulting companies are banned, it means that I will steal the job of one of you permanent employees.
People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.
I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.
Don't get offended. You need to see the other angles too. I showed you one.
Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.
One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?
So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.
People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.
I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.
Don't get offended. You need to see the other angles too. I showed you one.
Maybe you are not part of the typical consultants we are talking here. These touts apply for poeple even when they don't have jobs here.
One of my school friends is working in India for some company. He is not even thinking about coming to US but a consultant here has applied for a H1B for my friend and told him that if it gets approved then they can find him some work. What do you call this ?
So now he is in the same poll as me for H1B. Me ? I have a job with one of the biggest offshore company in the US. Hope I made my point clear Shx.
more...
admin
03-16 11:41 AM
Anything delay is the bad news !!! We do not have patience. Even single day delay is like dying for us.
All,
Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.
All,
Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.
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sairam
11-10 12:01 PM
July 2 filer - receipted fromTSC, received EADs - awaiting FP for both me and my wife (no SR opened yet). No AP Yet.
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06-26 12:05 PM
S**t cloture passed
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shana04
02-13 11:26 AM
HI SHANA,
Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?
All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.
Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?
All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.
more...
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GCard_Dream
06-26 04:26 PM
Great. Thanks. That's what I had thought until someone came out and said that digital photos are unacceptable.
Check the photo guidelines from USCIS website here is blurb
"For U.S. passport and visa photographs, a digital camera with a resolution of 1 mega-pixel will be more than adequate for capturing the image and producing the final photo that conforms to the dimensions specified on this web site.
and the link is
http://travel.state.gov/passport/guide/digital/digital_880.html
digital photos are OK if printed prpoerly.
Check the photo guidelines from USCIS website here is blurb
"For U.S. passport and visa photographs, a digital camera with a resolution of 1 mega-pixel will be more than adequate for capturing the image and producing the final photo that conforms to the dimensions specified on this web site.
and the link is
http://travel.state.gov/passport/guide/digital/digital_880.html
digital photos are OK if printed prpoerly.
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USDream2Dust
04-08 02:40 PM
www.uscis.gov
Everything filled up including masters degree H1. All big lotto
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.
USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the �advanced degree� exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
The agency will conduct the selection process for �advanced degree� exemption petitions first. All �advanced degree� petitions not selected will be part of the random selection process for the 65,000 limit.
Everything filled up including masters degree H1. All big lotto
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.
USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the �advanced degree� exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
The agency will conduct the selection process for �advanced degree� exemption petitions first. All �advanced degree� petitions not selected will be part of the random selection process for the 65,000 limit.
more...
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conchshell
07-25 12:53 PM
Because you are a man and you are from Mars. Men are that way .. they always live in future and somehow completely forget that its the present that they need to live fully and enjoy to the maximum extent. Women live more in present and that's why you will see very few of them stressing themselves out on these forums.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
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bidhanc
12-22 02:59 PM
Hi,
I sent my application on 29th Sept 2010 and have not heard anything yet.
Most of the times I can't get hold of anyone and when I do they keep saying that they are not ready yet! That's very helpful!
God forbid if I have to leave the country due to any emergency, what the heck will I do then?
Sorry didn't want to bore you with this, but what or who did you contact at the embassy?
I can't get hold of anyone at all?
It would be very helpful.
Thanks
NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..
I sent my application on 29th Sept 2010 and have not heard anything yet.
Most of the times I can't get hold of anyone and when I do they keep saying that they are not ready yet! That's very helpful!
God forbid if I have to leave the country due to any emergency, what the heck will I do then?
Sorry didn't want to bore you with this, but what or who did you contact at the embassy?
I can't get hold of anyone at all?
It would be very helpful.
Thanks
NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..
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lp2007
11-10 03:21 PM
I haven't got my FP either, No SR opened.
My case was transferred from California to Nebraska. My lawyer said that could be the reason for the delay
PD: 05-Dec-2002
My case was transferred from California to Nebraska. My lawyer said that could be the reason for the delay
PD: 05-Dec-2002
seahawks
09-15 08:52 AM
[QUOTE=gc_in_30_yrs]I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
very feel good message depending on who you talk, but it matters from person to person and situation to situation. When your wife cannot work, and she used to be working in India, when dont know where you are going to be tomorrow, from contract to contract, when your decision is influenced by your employers and when you wait in long lines to get an appointment in the counsulate and everytime you travel abroad, you take tonnes of paper with you, not knowing if enough documentation is proof enough to let you back in and paying 2 to 3k from your pocket in getting extensions and visa stampings and you have been waiting for the past 4 years and still dont have your labor cleared, and DOL shows its IN PROCESS or a standard email you get from them saying an analyst is reviewing, thats when you wish you had a green card. Why, spending 7 years if its going to be to get a GC can create a Generation gap, can create dents in relationships, your loved ones sacrificing for you giving up their careers, in this mordern day and age, just to fulfill your american dream sounds very selfish. To live with it every day makes it harder. The only thing to not send me back is, what if someday I have to start over all this again if it makes me regret someday, I should just waited a little more to get though this process:)
Feel good, but dont give up! Keep talking to people, send emails, letters to senators and congressman, support IV on their initiatives in how muchever you can, if you can is the tone we should set in this forum!
very feel good message depending on who you talk, but it matters from person to person and situation to situation. When your wife cannot work, and she used to be working in India, when dont know where you are going to be tomorrow, from contract to contract, when your decision is influenced by your employers and when you wait in long lines to get an appointment in the counsulate and everytime you travel abroad, you take tonnes of paper with you, not knowing if enough documentation is proof enough to let you back in and paying 2 to 3k from your pocket in getting extensions and visa stampings and you have been waiting for the past 4 years and still dont have your labor cleared, and DOL shows its IN PROCESS or a standard email you get from them saying an analyst is reviewing, thats when you wish you had a green card. Why, spending 7 years if its going to be to get a GC can create a Generation gap, can create dents in relationships, your loved ones sacrificing for you giving up their careers, in this mordern day and age, just to fulfill your american dream sounds very selfish. To live with it every day makes it harder. The only thing to not send me back is, what if someday I have to start over all this again if it makes me regret someday, I should just waited a little more to get though this process:)
Feel good, but dont give up! Keep talking to people, send emails, letters to senators and congressman, support IV on their initiatives in how muchever you can, if you can is the tone we should set in this forum!
breddy2000
03-26 03:30 PM
I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.
Thanks from Michigan
I received the Mail from Sanjay. I forwared you the mail.
I'm also from Michigan.
Thanks from Michigan
I received the Mail from Sanjay. I forwared you the mail.
I'm also from Michigan.
