danu2007
11-20 10:54 PM
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
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varshadas
02-08 08:23 PM
Its OK either way. Everyone is not needed. It does not matter if you are not from the district. If you can't make it, don't sweat it. Hemal is coming. Two of us should be OK.
Btw, what happened to the flyer distribution at Metropark?
Thanks,
Varsha
Btw, what happened to the flyer distribution at Metropark?
Thanks,
Varsha
rdehar
10-12 02:44 PM
Wow. I see a lot of EB-3 are pre-2005 (pre-PERM). Same poll for EB-2 shows most approvals are in PERM period.
Me also is EB-3 India Jun 2004. I-140/485 filed and pending.
Me also is EB-3 India Jun 2004. I-140/485 filed and pending.
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sayantan76
08-23 11:10 AM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
more...
logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
indianindian2006
07-14 06:09 PM
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
more...
gc_wow
03-09 12:37 PM
why did row eb3 gone back 2 years?
2010 Princess Diana Car Accident
singhsa3
03-05 03:41 PM
Personally, I think you are not thinking clearly. If I really wanted a mortgage do you think I would have been writting on immigrationvoice.org
My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.
I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.
I have sympathy for your position, I feel blessed that my situation and timing were more favorable.
The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.
I agree there is risk in property values and the ability to liquidate.
I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.
But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.
I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?
Are you waiting for green card approval or are you buying before?
Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.
The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".
Then factor the security of your position.
At the end of the day as I see it we have to choices, we either rent accomodation or we buy.
It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.
So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?
Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.
my best wishes and good luck to all
My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.
I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.
I have sympathy for your position, I feel blessed that my situation and timing were more favorable.
The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.
I agree there is risk in property values and the ability to liquidate.
I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.
But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.
I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?
Are you waiting for green card approval or are you buying before?
Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.
The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".
Then factor the security of your position.
At the end of the day as I see it we have to choices, we either rent accomodation or we buy.
It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.
So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?
Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.
my best wishes and good luck to all
more...
desi3933
07-09 04:20 PM
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.
Winning a case in court and being emotionally charged are two different things.
__________________
Not a legal advice.
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.
Winning a case in court and being emotionally charged are two different things.
__________________
Not a legal advice.
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MDix
01-25 10:45 AM
Please post Email/Letter content here, I can ask all my friend to send it to their respective Senator....
No more Discussion only ACTION.
Thnaks,
MDix
No more Discussion only ACTION.
Thnaks,
MDix
more...
sledge_hammer
06-19 06:12 PM
What is the "period of stay form"?
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vandanaverdia
09-11 01:51 PM
GC is not too close....
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
more...
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meridiani.planum
03-07 05:32 PM
Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
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nc14
06-11 01:39 PM
Thanks much.
more...
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EndlessWait
07-13 09:35 AM
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
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looneytunezez
06-11 12:49 PM
Sent message to my senators (CA).
more...
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nojoke
02-27 09:11 PM
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
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shankar_thanu
04-04 02:53 PM
This bill would affect all of us if they apply these same rules when we try to exend or transfer out existing H1s. Does it(the bill) say anything about that?
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engineer
06-12 11:51 AM
http://politicalticker.blogs.cnn.com/
grinch
03-11 03:21 PM
pretty cool grinch....gotta work on your lighting a bit...:beam:.
ahh man i know...
Maya lighting is so hard to get right, I need to learn mental ray though...
I only know the basics...
Anyone know any good tutorials on "light linking"
ahh man i know...
Maya lighting is so hard to get right, I need to learn mental ray though...
I only know the basics...
Anyone know any good tutorials on "light linking"
rajuram
01-25 08:25 PM
There is 500 character limit on the white house web site. I just send simple message saying that USCIS has wasted lot of visas in the earliers due to inefficiency and that they should be recaputred. And that it is causing lot of hardship to well educated people who are here legally.
Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
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