JunRN
08-13 10:44 PM
Is it possible to second file I-485 using a different I-140 as basis?
wallpaper Anne Hathaway in Marchesa
pappu
04-13 04:40 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
We are glad that it worked out.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
We are glad that it worked out.
whitecollarslave
02-12 06:41 PM
He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
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matreen
08-15 03:01 PM
Two things I would like to mention here:
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
more...
leoindiano
08-06 02:13 PM
Nov 2004 PD.
Delax,
One more thing i see, if a case is transferred from another center, looks they are not touching it.
Delax,
One more thing i see, if a case is transferred from another center, looks they are not touching it.
praky
05-30 02:43 AM
Dunnito
more...
jskumar
01-05 02:05 PM
Techies also need some PM sort of training to deal with Managerial BS that keeps coming by.
2010 1st row: Anne Hathaway,
shukla77
06-23 06:49 PM
I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.
Cheers..
Cheers..
more...
h1bmajdoor
09-03 09:50 AM
To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
here is the reality:
you came here thinking they will love you because of your math skills.
what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.
we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.
make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.
this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.
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desidude
06-19 01:48 PM
Akhil,
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
more...
gcwait_07
11-03 10:57 AM
To all those republican homies on this thread....
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
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rahulpaper
07-02 03:21 PM
Total 1000+ (Medical/Photograph/Travel to Doc/Postage/affidavits/phone calls/etc).
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Libra
09-19 04:43 PM
Did you ask pappu? man, you missed it. when you come next time make sure you'll take your GC with you. yesterday i came to DC to get my GC but forgot FP appointment today and showed up one hour 30 mins late.
I was also looking here and there after rally no one handed me my green card :D
I was also looking here and there after rally no one handed me my green card :D
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abhijitp
07-06 02:16 PM
Thanks Dr Bahrainwala for your efforts, thanks LogicLife for the update.
We should work to gain more media coverage.
We should work to gain more media coverage.
more...
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leoindiano
05-30 05:21 PM
done.
Full text here..
http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085
Full text here..
http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085
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akred
07-14 11:05 PM
What was 245(i) amnesty?...just curious
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.
Btw if you do not support DREAM ACT than you shouldn't be on this forum...
At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.
more...
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madnak
07-02 04:19 PM
Medical Expenses: $400
Photographs + courier fees: $80
Misc. (gas, photocopy etc.): $50
Total: $530
Attorney Fees: employer
Photographs + courier fees: $80
Misc. (gas, photocopy etc.): $50
Total: $530
Attorney Fees: employer
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rolrblade
03-17 08:41 AM
Engrr:
What has happened here is extremely unfortunate. What I would recommend is that you file a new PERM application. You could appeal the decision, but considering the complications of your course work and degree, it would be an uphill fight. In your appeal, I dont believe that the case would have much merit if it fought purely on the basis of your attorney saying that "he marked the incorrect box".
Good luck!
What has happened here is extremely unfortunate. What I would recommend is that you file a new PERM application. You could appeal the decision, but considering the complications of your course work and degree, it would be an uphill fight. In your appeal, I dont believe that the case would have much merit if it fought purely on the basis of your attorney saying that "he marked the incorrect box".
Good luck!
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gcstudent
08-12 03:39 PM
In my opinion all this 5 months, 6 months rule applies only if you have not waited at any step. Like in EB1 where you can go thru the whole process in an year.. However if they made you stick to the same employer , same position for 10 yrs (maan i.e 1/4th of your working life!!) you can always have a strong argument even if USCIS decides to do something. I think those who got "freedom" , you have worried enough.. now it is the time to "go out" and enjoy!!
emulux
12-29 01:38 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Dhundhun
07-19 05:59 PM
"Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
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