contactkpatel@yahoo.com
08-13 02:34 PM
I noticed a soft LUD today on my wife's case but no update on mine. Does this mean anything...
PD - Oct 2005 - still waitin.........
PD - Oct 2005 - still waitin.........
wallpaper Rory McIlroy wins U.S. Open in
485Mbe4001
09-12 11:17 AM
One would wish that life was as simple as this, i did not get any hits but i am stuck for the past 3 years and counting :)
BTW, the hits that FBI looks for is criminal or 'derogratory' as they call it, i think its just your luck, some get screwed some dont...
Collected from some other forum . Just google search your name combinations ( within quotes ).
For eg. if you have FirstName MiddleName LastName .
The search should be ( put within quotes )
"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"
and all the reverse combinations.
If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
BTW, the hits that FBI looks for is criminal or 'derogratory' as they call it, i think its just your luck, some get screwed some dont...
Collected from some other forum . Just google search your name combinations ( within quotes ).
For eg. if you have FirstName MiddleName LastName .
The search should be ( put within quotes )
"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"
and all the reverse combinations.
If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
21stIcon
05-17 12:02 PM
I am eligible to file 485 on June 1st, but my passport expires on July 1st week. what do you guys think , do I need to get new passport before I apply or USICS do not care about passport expiration date as long as I have valid passport on petition submission date?
2011 Rory McIlroy wins U.S. Open in
Abhinaym
03-31 09:03 AM
Looks like this year USCIS understood they need some money and accept some extra applications, which may be the same file I485 when PD is not current. and date might go to end of 2007.
Just a thought
Ghee shakkar for you ...
Just a thought
Ghee shakkar for you ...
more...
saimrathi
07-10 01:46 PM
not sure, what the flowers will accomplish.. time will tell.. but writing to Senators/Representative may help.. so please do write to the senator/representative in your area...
Hi Guys,
I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.
I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
I will post DOS reply as soon as I hear back from senator's office.
Moral of the story is time for action when iron is hot.
Thanks!
Hi Guys,
I send a letter to senator Gregg(NH) Last week about July Visa Bulletin reversal by DOS and how its going to affect all individuals who filed their 485 based on original Visa Bulletin published by DOS.
I Just got a call from Senator's office. He is sending a letter to DOS today or tomorrow asking about July Visa Bulletin reversal.
I will post DOS reply as soon as I hear back from senator's office.
Moral of the story is time for action when iron is hot.
Thanks!
desi3933
08-24 09:01 AM
.........
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".
.........
.........
$100 one time.
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".
.........
.........
$100 one time.
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
more...
Milind123
01-25 11:19 PM
I bought tickets from British airways last week (called them to find out they were non refundable). Wish this post had been posted earlier.........I agree with the author the questions they ask for a TV are hilarious. Maybe I will have some wonderful experiences worthy of a post. :)
Well good luck with your visa. Don't forget you might have to go for finger printing too. I was one of the lucky few who applied in November, so no need for FP. Here's my experience on Air India from NY to India via London.
After spending couple of anxious days waiting for the green light from Mr. Gordon Brown, we finally got our visas. The little kid in me was jumping up and down with joy and at the same time the mature man in me was saying "What's the excitement about? It is only a stupid visa and that too transit!� Anyway we packed our bags and took Air India into London. The NY-LHR trip was uneventful except that the entertainment system was not working for most of the passengers including us. Needless to say my kids were totally disappointed. I was not. Maybe I had suspected things like this are a routine on Air India. Flight crew was courteous and helpful (against my expectations). Food was good (I admit, I enjoy airline food).
After we landed, the passengers were asked to exit the aircraft along with their carry bags. Many of us were puzzled as some of us wanted to catch up with our sleep. Reluctantly everyone had to leave the aircraft. Someone was saying there is another aircraft waiting to take us to India. Makes sense, that is why they asked us to take our cabin bags too. After we entered the building we were asked to take the left door. Behind the right door was a waiting room. A couple of turns led us into a corridor which was probably about 1/2 mile long. At the end of the corridor there was security check. Again I was puzzled, why security check now, we are already in a secure area. The transit visa form with those 111 questions suddenly came in front of my eyes. Nothing less than a new complete security check will satisfy these neurotic people. It was time to go thru the exercise again. Took off the shoes, wallet, coins, Jacket, belt, pants .... when I was gently reminder by the security guard that it was not required today. When my turn came to send the items thru the machine, I complained about the fact that I have to put my jacket in a bin that was probably used earlier to keep someone�s shoes. (And you know where the shoes go. And sometimes when it gets wet, it is not necessarily because of water. The thought itself was so revolting that I decided to get my jacket dry-cleaned after I reached India). Needless to say my protest landed on deaf ears. After going thru the security gate, it was time to go thru the final check. I assumed the flying eagle's position and was quickly scanned and cleared. Beyond the security point was the shopping and restaurant area. I was bit thirsty but could not force myself to spend on a bottle of water. I was so put off by this whole experience that I did not want to spend a single cent here. We looked at the monitor to find our gate and quickly proceeded towards it. Again we walked for about half a mile or so. Things looked familiar, but I quickly brushed off the idea. At the gate we presented our credentials and were admitted into the waiting area. Then again I got a sense of d�j� vu. I soon realized it was the same freaking waiting room that I saw earlier and the same aircraft was waiting for us. We needlessly walked for more than a mile, subjected ourselves thru security check. All this for what?
After waiting for an hour we were allowed to go into the aircraft to the same seats and surrounded by the same little pieces of garbage still on the floor. I congratulated myself for not buying the water bottle and looked out of the window to say final goodbye to London. Never again! Never.
Flying Eagle Position
=============
. . . . O
. . . . |
. ---------
. . . . |
. . . . |
. . . ./ \
. . . .| |
. . . .| |
. . == ==
(Gurus! How do I replace the dots with spaces without collapsing the spaces into a single space?).
Well good luck with your visa. Don't forget you might have to go for finger printing too. I was one of the lucky few who applied in November, so no need for FP. Here's my experience on Air India from NY to India via London.
After spending couple of anxious days waiting for the green light from Mr. Gordon Brown, we finally got our visas. The little kid in me was jumping up and down with joy and at the same time the mature man in me was saying "What's the excitement about? It is only a stupid visa and that too transit!� Anyway we packed our bags and took Air India into London. The NY-LHR trip was uneventful except that the entertainment system was not working for most of the passengers including us. Needless to say my kids were totally disappointed. I was not. Maybe I had suspected things like this are a routine on Air India. Flight crew was courteous and helpful (against my expectations). Food was good (I admit, I enjoy airline food).
After we landed, the passengers were asked to exit the aircraft along with their carry bags. Many of us were puzzled as some of us wanted to catch up with our sleep. Reluctantly everyone had to leave the aircraft. Someone was saying there is another aircraft waiting to take us to India. Makes sense, that is why they asked us to take our cabin bags too. After we entered the building we were asked to take the left door. Behind the right door was a waiting room. A couple of turns led us into a corridor which was probably about 1/2 mile long. At the end of the corridor there was security check. Again I was puzzled, why security check now, we are already in a secure area. The transit visa form with those 111 questions suddenly came in front of my eyes. Nothing less than a new complete security check will satisfy these neurotic people. It was time to go thru the exercise again. Took off the shoes, wallet, coins, Jacket, belt, pants .... when I was gently reminder by the security guard that it was not required today. When my turn came to send the items thru the machine, I complained about the fact that I have to put my jacket in a bin that was probably used earlier to keep someone�s shoes. (And you know where the shoes go. And sometimes when it gets wet, it is not necessarily because of water. The thought itself was so revolting that I decided to get my jacket dry-cleaned after I reached India). Needless to say my protest landed on deaf ears. After going thru the security gate, it was time to go thru the final check. I assumed the flying eagle's position and was quickly scanned and cleared. Beyond the security point was the shopping and restaurant area. I was bit thirsty but could not force myself to spend on a bottle of water. I was so put off by this whole experience that I did not want to spend a single cent here. We looked at the monitor to find our gate and quickly proceeded towards it. Again we walked for about half a mile or so. Things looked familiar, but I quickly brushed off the idea. At the gate we presented our credentials and were admitted into the waiting area. Then again I got a sense of d�j� vu. I soon realized it was the same freaking waiting room that I saw earlier and the same aircraft was waiting for us. We needlessly walked for more than a mile, subjected ourselves thru security check. All this for what?
After waiting for an hour we were allowed to go into the aircraft to the same seats and surrounded by the same little pieces of garbage still on the floor. I congratulated myself for not buying the water bottle and looked out of the window to say final goodbye to London. Never again! Never.
Flying Eagle Position
=============
. . . . O
. . . . |
. ---------
. . . . |
. . . . |
. . . ./ \
. . . .| |
. . . .| |
. . == ==
(Gurus! How do I replace the dots with spaces without collapsing the spaces into a single space?).
2010 images Rory McIlroy - US Open
mallu
10-08 08:27 PM
One idea is to give GC to AOS applicants regardless of namecheck result, if all
other security checks are OK and let the namecheck run in background . If the namecheck turns out critical , cancel the GC & deport the applicant.
But USCIS and lawyers will loose big time , because of reduced demand for APs,EADs etc.
other security checks are OK and let the namecheck run in background . If the namecheck turns out critical , cancel the GC & deport the applicant.
But USCIS and lawyers will loose big time , because of reduced demand for APs,EADs etc.
more...
Saralayar
03-12 02:38 PM
I will come to your quesiton, but let me ask the other guys who just responded, a question.
Sunx_2004, Sarala, and ALL
Thanks for the compliments, I'm happy but we will be thrilled if apart from compliments, if you've said that you have just written to change.gov or to atleast one or two reps. Just spend a $10 on postage stamps. Dont think the reps dont read our letters.
If you want a green from me, in your reply, please reply with atleast that you have posted this on change.gov, under Agenda--> Immigration--> Submit your ideas. OK? after really doing it.
when two of you do, it will make 4 others do.. then 16.., read my other thread by searching "Chain reaction".. that too went down the drain..
Now to this post.. Ofcors how can I not include you in this.One of the last points clearly says to give a greencard to anyone who graduates here. Now its upto them to let in quality students., I support filters at entry level into schools or jobs, not to those who have spent 5-10 years here..
My point is 5 years in US legally and 10 years in US legally. No matter if you went to school, or were on H1 from day one.
Also I am sure you have good # of friends in situation like you are in. Pass this message to them also to write and also about IV.
But dont wait for anyone to come and help you out. Create a snowball affect which gathers mass as it rolls.
Sri,
It is already there in change.gov. I have created long back in January and there were 470 votesup for that idea. I think now that will be in the President's desk. Only thing now we have to do is accelerate this so that it again reaches the Congress.
Sunx_2004, Sarala, and ALL
Thanks for the compliments, I'm happy but we will be thrilled if apart from compliments, if you've said that you have just written to change.gov or to atleast one or two reps. Just spend a $10 on postage stamps. Dont think the reps dont read our letters.
If you want a green from me, in your reply, please reply with atleast that you have posted this on change.gov, under Agenda--> Immigration--> Submit your ideas. OK? after really doing it.
when two of you do, it will make 4 others do.. then 16.., read my other thread by searching "Chain reaction".. that too went down the drain..
Now to this post.. Ofcors how can I not include you in this.One of the last points clearly says to give a greencard to anyone who graduates here. Now its upto them to let in quality students., I support filters at entry level into schools or jobs, not to those who have spent 5-10 years here..
My point is 5 years in US legally and 10 years in US legally. No matter if you went to school, or were on H1 from day one.
Also I am sure you have good # of friends in situation like you are in. Pass this message to them also to write and also about IV.
But dont wait for anyone to come and help you out. Create a snowball affect which gathers mass as it rolls.
Sri,
It is already there in change.gov. I have created long back in January and there were 470 votesup for that idea. I think now that will be in the President's desk. Only thing now we have to do is accelerate this so that it again reaches the Congress.
hair Rory McIlroy and Phil
abuddyz
01-22 05:09 PM
When is your interview and where? Will this be your first stamping?
my interview is on feb 1st week and at mumbai.. it will be my second stamping.. my current H1 is approved in April 2007
my interview is on feb 1st week and at mumbai.. it will be my second stamping.. my current H1 is approved in April 2007
more...
nrk
09-13 01:07 PM
You are right on the approval notice sent - cards sent
1. It took me 5 working days to receive the cards. (3rd status changed to card production ordered and on 11th the cards are in my mail box)
nrk, how long did it take after the status got updated to "Approval Notice Sent" to the cards received by you? I am assuming that "Approval Notice Sent" on 485 is actually mailing the cards out to the applicant. ( That is what happens on 765 (EAD) application all the time).
1. It took me 5 working days to receive the cards. (3rd status changed to card production ordered and on 11th the cards are in my mail box)
nrk, how long did it take after the status got updated to "Approval Notice Sent" to the cards received by you? I am assuming that "Approval Notice Sent" on 485 is actually mailing the cards out to the applicant. ( That is what happens on 765 (EAD) application all the time).
hot portrait of u.s. open golf
singhv_1980
02-06 11:04 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
Well dats a positive sign then. Dont lose hope.
Just wondering if your job profile fall under TAL (Technology Alert List)??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
Well dats a positive sign then. Dont lose hope.
Just wondering if your job profile fall under TAL (Technology Alert List)??
more...
house Rory McIlroy set a US Open
Ramba
08-21 11:26 AM
I do not know how many times this topic was discussed accorss various boards. Because of INA and amended provision in Ac21 act, all the unused visas from Eb1 goes to EB2 and if anything leftover in Eb2 goes to EB3. This is the law. This hurts badly EB3, as demand in EB2 is so high to consume the all the avialable Eb2 numbers. Moreover, country quota is not applied in each employment based preferece catagories seperatly /exclusivly, if the demand in each catagory is less than the supply. So, most of EB2 numbers consumed by India and China as worldwide demand for EB2 is very less than supply. There is no confussion in it. This is the law. Though it is unfair to very old EB3 folks (in their view) One cannot do anything to change it. unless congress rips of the AC21 provission by passing new law.
It is difficult to accept that a EB3 guy in 2001 pd stll waiting and 2006 guy gets gc. But this is what law is, USCIS/DOS can't do anything. If we talk unfairness, there are tons in US immigration. For example, a nobal prize winner gets GC in EB1 catagory has to wait 5 years to become citizen. However, if a stripper marries a US citizen has to wait only 3 years to become a citizen and there is no numarical limitations for a spouse of US citizen become LPR. How fare it is?...
It is difficult to accept that a EB3 guy in 2001 pd stll waiting and 2006 guy gets gc. But this is what law is, USCIS/DOS can't do anything. If we talk unfairness, there are tons in US immigration. For example, a nobal prize winner gets GC in EB1 catagory has to wait 5 years to become citizen. However, if a stripper marries a US citizen has to wait only 3 years to become a citizen and there is no numarical limitations for a spouse of US citizen become LPR. How fare it is?...
tattoo rory-mcilroy-US-OPEN-2011.jpg
bigboy007
09-25 07:22 PM
how to send an email to Lofgren her website only talks about CA certain areas. Any idea please guys do u have her direct email id , i am sending email , fax along with my area congressmen. Trying something to think out of blue.
more...
pictures Rory McIlroy sets U.S. Open
grupak
03-25 04:01 PM
Kaiser started this new rule to not hire folks on EADs as of last week.
Is this rule posted somewhere accessible to public?
Is this rule posted somewhere accessible to public?
dresses APTOPIX US Open Golf
luckylavs
09-19 11:08 AM
yes i have i have been following with the TSC via email and there is no update from past 1 month. No reply. I also took an info pass appointment and the officer told the finger prints are old and needs to be taken again.Also my case is assigned to officer and no updates from TSC after that.
more...
makeup Rory Mcilroy Us Open
ashshef
09-24 05:07 PM
1) Each (EB1/2/3) - 28.6% WW quota = 40040
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
girlfriend rory mcilroy us open 2011.
Raju
06-29 03:54 PM
Looks like we are heading towards a nail biting finish here:( :confused: :mad: :o :rolleyes: :eek:
hairstyles rory mcilroy us open 2011.
logiclife
07-09 06:45 PM
Call the place where you've ordered flowers and ask for a refund if flowers are delivered elsewhere. It should be up to USCIS to recieve and then ship those flowers to the hospitals.
DONT DO THAT.
Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.
DONT DO THAT.
Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.
PavanV
04-06 06:10 PM
Politicians are politicians every where. India or USA their intensions are the same. Always cause a trouble to the ruling party, no mercy for the general public who suffer directly with their actions.
Shutdown means no work for 800k fedaral employees. Hence no wages. But bills won't stop.
Hope for the best.
Fringe Warning Start---
I am not into conspiracy theories, but this one sounds like one, i.e. Mr. Oppenhemer (not sure about the spelling), announced major advances to the EB 2 I queue in the last week of March, now did he know the government was shutting down ?, possibly, well if the Govt shuts down, all visa offices/ Passport / Immigration offices shutdown, so let us say if the dates do advance considerably, and voila the Govt shuts down, well most of the folks will be current but unable to file for change in status due to shutdown, and when the Govt comes back up so will the visa numbers retrogress. I hope I am totally wrong, but you never know.
Fringe Warning End---
Shutdown means no work for 800k fedaral employees. Hence no wages. But bills won't stop.
Hope for the best.
Fringe Warning Start---
I am not into conspiracy theories, but this one sounds like one, i.e. Mr. Oppenhemer (not sure about the spelling), announced major advances to the EB 2 I queue in the last week of March, now did he know the government was shutting down ?, possibly, well if the Govt shuts down, all visa offices/ Passport / Immigration offices shutdown, so let us say if the dates do advance considerably, and voila the Govt shuts down, well most of the folks will be current but unable to file for change in status due to shutdown, and when the Govt comes back up so will the visa numbers retrogress. I hope I am totally wrong, but you never know.
Fringe Warning End---
mohican
12-31 04:44 PM
NEED HELP!!! what are my options?
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
