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.
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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zico123
05-17 01:53 PM
According to BBC:
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
Jimi_Hendrix
12-14 11:30 AM
This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.
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tennisanyone
07-16 02:18 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
more...
JeffDG
01-23 07:38 AM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
sanjay
04-22 02:37 PM
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
.
.
.
.
Apr-08 1-Dec-03
May-08 1-Jan-04
What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
Jan-05 C
.
.
.
.
Apr-08 1-Dec-03
May-08 1-Jan-04
What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
more...
krishna_brc
06-16 09:31 PM
Dont worry that is the common message for USCIS PO Box...Your mail will be @USCIS
I agree with Sparklinks. When i sent the documents same thing happened to me but eventually post got delivered.
I agree with Sparklinks. When i sent the documents same thing happened to me but eventually post got delivered.
2010 Big Heart City
gc_dega_gandhigiri
07-14 12:11 PM
You are right buddy. Anybody any guess if this is June application but reciepted in July ?
more...
sobers
06-23 03:50 PM
A White House chat on Immigration...
with Michael P. Jackson
Deputy Secretary of Homeland Security
Transcript
http://www.whitehouse.gov/ask/20060623.html
with Michael P. Jackson
Deputy Secretary of Homeland Security
Transcript
http://www.whitehouse.gov/ask/20060623.html
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sam_hoosier
12-18 12:37 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
Thanks for your help...
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
more...
xstal
01-21 01:24 AM
I know this is a little late, but based on the ridiculous snail speed of the VB, this is the first time I scrutinized my I-485 receipt and the USCIS online case check.
I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.
I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday
On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.
BUT when I go online to check my case status through the USCIS website, it says
On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Do i need to be concern?
I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!
Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)
Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.
thank you everyone!
I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.
I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday
On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.
BUT when I go online to check my case status through the USCIS website, it says
On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Do i need to be concern?
I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!
Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)
Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.
thank you everyone!
hot Jul 3
Leo07
02-13 03:12 PM
There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.
People are not trying to be rude, just a little confused with your innocence.
Honestly, some of us are waiting legally for more than 12 years for the green card. So, given our situation, your question tickled us.
People are not trying to be rude, just a little confused with your innocence.
Honestly, some of us are waiting legally for more than 12 years for the green card. So, given our situation, your question tickled us.
more...
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another_wei
05-05 06:07 PM
Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
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seahawks
11-02 10:33 AM
The meeting was awesome, of course we kept food out of the equation to be more focussed and lack to time during a weekday so we did not meet in a food court or a restaurant and decided to meet instead in a library meeting room:). I think the chapter is maturing quickly though.
It was a wonderful brain storming session with ideas to take this chapter forward. We also had everyone wanting to take up tasks and really wanting to do whatever it takes to get this going.I did send the meeting minutes to everyone attended to get their review done. I have also send it to the leadership group. I am very happy with the members who met and the interesting ideas, thoughts and energy that they bring into this chapter.
I will be sending out the meeting minutes to the rest of the state chapter members sometime this weekend once I get the minutes reviewed by the attendees.
I want to thank everyone from IV for making this happen, the constant support from everyone outside this state from core team, the chapter leads and everyone who believed in us. Wanted to thank the members who showed up and the member who could not but really wanted to due to trick or treat or being a weekday and driving distance from Portland. The next meeting will be a weekend, specifically a Saturday to make sure we get maximum members who really want to make a difference!
Yes, Vandana took pictures, will post soon.
It was a wonderful brain storming session with ideas to take this chapter forward. We also had everyone wanting to take up tasks and really wanting to do whatever it takes to get this going.I did send the meeting minutes to everyone attended to get their review done. I have also send it to the leadership group. I am very happy with the members who met and the interesting ideas, thoughts and energy that they bring into this chapter.
I will be sending out the meeting minutes to the rest of the state chapter members sometime this weekend once I get the minutes reviewed by the attendees.
I want to thank everyone from IV for making this happen, the constant support from everyone outside this state from core team, the chapter leads and everyone who believed in us. Wanted to thank the members who showed up and the member who could not but really wanted to due to trick or treat or being a weekday and driving distance from Portland. The next meeting will be a weekend, specifically a Saturday to make sure we get maximum members who really want to make a difference!
Yes, Vandana took pictures, will post soon.
more...
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AmericanAccent
09-06 10:11 PM
This is offtopic ,thought this might help others ,just like myself
If any one wants to get XXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Since I live in NY ,I took private classes .
P.S I just want to spread the word ,those who are motivated can contact above
********************************************
NOTE FROM MODERATOR: Members posting advertisements will be banned
If any one wants to get XXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Since I live in NY ,I took private classes .
P.S I just want to spread the word ,those who are motivated can contact above
********************************************
NOTE FROM MODERATOR: Members posting advertisements will be banned
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gcpadmavyuh
09-21 03:58 PM
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
more...
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santb1975
11-16 08:41 PM
This Holiday season .... Give a gift to IV
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
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kondur_007
10-16 12:11 PM
I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
I appriciate your help.
Thank you
There are two options here:
1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS
2. Send the above documentation to USCIS.
The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
Good Luck.
I appriciate your help.
Thank you
There are two options here:
1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS
2. Send the above documentation to USCIS.
The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
Good Luck.
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pshah
07-13 07:26 PM
Done but I don't think the number of signatures is getting updated. It still shows 1327.
sunty
11-05 02:38 PM
Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)
bombaysardar
07-10 10:15 PM
I saw this idea in one of the other threads, and started a new thread so that we could get people's attention. What do you guys think? How about we shoot for 07/17.
IV Core team - any thoughts??
:)
IV Core team - any thoughts??
:)
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