Sunday, June 12, 2011

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  • ganguteli
    07-16 09:35 AM
    Hi,
    I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:

    I-140 approved in 2007
    I-1485 in August 2007
    Received RFE in May 2009. The RFE had two parts to it that are as follows:
    Part 1: Request for Evidence for Birth
    Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations

    When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.

    Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.

    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.

    Thank you in advance to those who respond.

    How can you and your attorney be so careless?

    If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.

    But my question to attorneys on this forum is this:

    How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.

    But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.

    I want to also know what you think about this and how one should complain.

    Thank you.




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  • punjabi
    07-18 06:17 PM
    Sorry man!

    I would say, may be your attorney is not telling you the details. USCIS never relays the decision without the explanation, as far as I know.

    May be your attorney did some silly mistake. He got denial from USCIS with the explanation and he is not revealing it!

    I have not seen USCIS denying any case without explanation. Try to do a little investigation on this.

    Good Luck!




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  • seahawks
    10-26 01:14 AM
    bump...Calling all Washingtonians and Oregonians to attend.




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  • ruwanb
    10-16 11:09 AM
    Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....

    PP gives you below,
    1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
    2. give you relaxation. :)
    3. You will get your GC in the end much faster.

    Is that $1000 worth?



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  • Templarian
    08-19 10:05 PM
    ^Nice work man. I think the hardest part about this little bugger is its nose/mouth. Lets see if anyone else can think of a nice way.




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  • sabbygirl99
    07-07 08:22 PM
    Anyone??



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  • meridiani.planum
    03-12 06:38 PM
    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?

    From what I know your options are:
    - recpature time outside
    - spend some time outside right now
    - change status to H4, then back to H1 when LC is old enough

    if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)




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  • countdrak
    11-01 02:58 PM
    Thank you all for your responses.

    I am working directly for the company, this is not a desi consultant but a legit desi owned business.

    The difference in wage is about $7 an hour and total of around $13k a year. It doesn't seem like they give a crap about "breaking the rules". At the same time I don't want to be a party to that and be out of status later on.

    My question is suppose I quit and go back to my H4 and in this economy dont get a job --- Can I get a job in 6 months and transfer my h1 or will I have to apply for a NEW H1 through the quota again?

    Guessing how stingy these guys are , I don't think they have the time and the inclination to go out and cancel my h1. At the same time I want to get this done amicably so as to hold my job for 6-8 months. From some of the posts I have seen that the DOL doesnt really respond and required tremendous amount of proof and companies can pay a small fine and go on with their lives.



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  • kghoshal
    02-11 06:54 PM
    Best way will be to contact old lawyer and try to join old emloyer what I think




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  • stemcell
    02-12 02:15 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

    puzon

    There are a lot of folks who shell out on their own for the GC process.
    Just weigh the risks vs benefits....

    do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

    OR

    leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

    The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

    only my 0.02



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  • ragz4u
    02-03 11:13 AM
    If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.

    Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)




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  • REEF�
    05-24 08:30 PM
    Sheesh someone is in a hurry :|!



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  • cleopatra
    02-07 10:24 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?




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  • gc67890
    07-28 03:55 PM
    I had too.

    Labor EB2 NOV 2004
    I140 Approved Feb 2007
    485 RD July 2nd 2007 ND Aug 10 2007

    ******
    Contributed $200



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  • gcnirvana
    07-11 02:05 PM
    Not playing a spoil sport, but if you look at the tracking details, it says:
    "THE RECEIVER HAS MOVED. UPS ATTEMPTING TO LOCATE RECEIVER TO COMPLETE DELIVERY, NO DELIVERY WAS MADE / THE ADDRESS HAS BEEN CORRECTED. THE DELIVERY HAS BEEN RESCHEDULED" :confused:

    Looks like Gonzalez packed his bags and moved to his home country :D :D

    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus




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  • reddy77
    08-17 09:01 AM
    saimrathi, I am in the same boat too, got the 693 supplement form last week from DR's office, but we filed 485 application in july 2nd week.this is not our mistake. do we need to worry about this ?

    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...



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  • spicy_guy
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)




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  • Leo07
    02-01 04:02 PM
    Multiple submissions will do more damage than good. That's my opinion anyways, I feel that it takes credibility away from our cause.

    Thanks for completing the survey!




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  • hobbyaddict
    December 3rd, 2008, 04:22 PM
    It's here! On time, and as described in ad. This weekend it will get it's first workout... Reading up on new features. I am going to set a few test "banks" (pre-sets) based on last years experience at that facility. Hoping that only minor tweaks are necessary once there.

    Fun...


    -Ed




    gcdreamer05
    11-05 12:56 PM
    From 1998 - till date, How many times EB3 priority dates were made current


    Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.


    http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

    (From April 2002 to Nov 2008)

    And then for still older ones,
    (1995 to 2001)

    http://dosfan.lib.uic.edu/ERC/visa_bulletin/


    Are you trying to look for a pattern to find out when it will be current again ?




    xlxoel
    06-16 02:55 PM
    Just updating my case in case someone is going through same situation and need help.

    I mailed the two pictures that they requested on June 2nd, as today, my online status hasn't change, still says: Request of evidence sent, case placed on hold.

    I made an INFOPASS appointment last friday and I just came back from talking with an immigration agent. They will expedite my I-131 for free, they said they normally do it within 30 days but he liked me and he said he was going to try to get in just 5 days.

    He said he sent a request thought their intranet to the TEXAS SERVICE CENTER, they should be calling me if they need anything, if not, they will send me the TRAVEL DOCUMENT right away.

    I'll keep you all posted!



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