Anne Hathaway Catwoman

No - there is nothing to do your status with AP.

Thanks a Lot!!!

yes typically it is the Service center that has approved your 140

Please be aware that logic and emotions doesnt matter much for this.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.

My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.

I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.

USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.

Please, if anyone has any experience with filing a motion let us know about it.

Dear Readers,

This topic may be totally off immigration and I am sorry for that.

Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!

Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)

Please vote for him and make win the CNN Hero prize money which can be used towards his trust.

You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)


Please share the word around with your friends and family!

Thanks a lot... Appreciate your kind gesture!

Thank you very much for the post, and very happy to know of such a Blessed Human being, who was able to have empathy and help alleviate the sufferings of others. Though not exactly connected with the materialistic immigration, but nevertheless, the awareness and performance of Noble deeds definitely helps in Ultimate Soulful Immigration to Higher levels of Human Compassion, to evolve - to be the Human being with kindness and love. God Bless.

Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:

Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.

it up....^^^^

It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..

uscis may come out with a rule that would exclude h4 time from h1 time. As of now, the rule has not published which means ur h1 time includes time spent in h4 status. please check with ur attorney about the expected publication of the
rule.

No more delays in I-140? Is PP back?

Now everything is queued..... no more cutting lines.

you shd have come with after 2004 before 2005 bullet too ..actually not sure if this poll is of use since there are many EB3 people who don't even visit this site...

How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.

Thanks.

www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.

Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...


I think, the emails would still go to Bush/Cheney...

I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

1) Is it safe to change one's residence(different state) ?

2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

Thanks


It is advisable not to move until you get fingerprinting notice.

The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.

What all other questions, like "Are you still working for the GC sponsored employer" ?

Asked me if i am married or single - I mean wtf you dont see my status in the computer screen

Hi,

did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

Please let me know if u got ur receipt number.
any one else who are wating on receipt number who filed I-485 on july 2nd.

I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.

You might want to call and create a service request.

1. Depends on the IO. Most of them take you for the interview together unless the legitamacy of your marriage is in question which will not likely be the case for employment based GC unless the marriage was close to the visa bulletin date or similar.

2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.

AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.

Who deleted it?

I am glad that the Admins have deleted it. It really was a stupid question about a specific race...

Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps

ALL Gurus,

My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.

Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.

Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?

First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)

4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?

Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case

5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

No idea on this..

I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months

Mohit, when you invoke AC21 your job profile needs to be same as that listed on the job description on your LC. As long as your new company is willing to declare that your new job profile matches the one on your LC, you should be ok.

I am not a lawyer, please consult one.

I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.

I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.

Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.

Just my 2 cents.
I agree with you atlfp. I have been a member for a few weeks now but i have been reading the threads in IV for a long time. I have contributed 600$ along the way because i believe in what IV is trying to acheive. Not being a member did not stop me from contributing to IV and i signed up because i wanted to read the live updates. I don't think there is anything wrong with doing that either. I think posting suggestions/thoughts/ideas are excellent and atlfp you should not stop doing so.

To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.

Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).

Keep up the good work Core Team.. Adios

Hi All,

We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.

Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?

I heard that mexico has different rules?

Thanks for your help.


AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.

If your visa is rejected in canada, you cant re-enter US.

^^^^^^^^^^