inskrish
08-21 11:13 PM
Well, most of us July filers--including myself--are little stressed out due the Receipt Notice issues, but now I have learned how to live happy even at hard times. Here is how I imagine the NSC center works. A busy morning at NSC mail room.:)
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
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Marphad
12-17 12:59 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html (January 2009)
Eb2 advanced by one month and EB3 by 15 days.
Enjoy the new year
Good Morning... Please brush your teeth, take a bath, view the posts again :)
Eb2 advanced by one month and EB3 by 15 days.
Enjoy the new year
Good Morning... Please brush your teeth, take a bath, view the posts again :)
snathan
02-15 09:48 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.
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virtual55
03-27 03:16 PM
Good Job! Next time we find out something like this, I would recommend sending an email about the information we found and request them to publish officially on their websites like immigration.com,immigration-law.com,http://bibdaily.com/index.cgi etc.
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sankar_203
09-25 01:35 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
looivy
08-06 12:55 AM
What is Sessions smoking?
more...
Administrator2
12-09 11:06 AM
Because Republicans are blocking every bill in the Senate until the issues of Tax cuts is resolved, Sen. Reid needed to postpone the cloture vote on Dream Act to buy time to get more support. Senate Majority leader needed “Unanimous Consent” to withdraw his cloture motion and push back the vote. He did not get it, forcing him to offer a motion to table the cloture vote.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
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I_need_GC
07-25 04:07 PM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
more...
vallabhu
01-14 12:22 PM
The source is Immigration-law.com
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
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sparklinks
04-10 08:34 AM
Thanks buddy !
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willIWill
06-16 12:54 PM
Vinzak, You have to take into consideration the recaptured visas of the 90's applied in the period 00-06. If I remember correctly the earlier recapture was signed in 2000 by Pres. Clinton . If we exclude those recaptured numbers the actuals are much lesser. Hope this helps.
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nashorn
12-17 10:41 PM
thanks for the inputs guys..
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
more...
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NYImmigrant
12-06 01:00 PM
Receipt numbers are worthless in my case. My application is pending in the local service center and i see the status message from Aug 2004. After that I was scheduled an interview, I did FP, I attended an interview, got stuck in the stupid name check, took 2-3 INFOPASS appointments.
So what's up with the case status online ?
So what's up with the case status online ?
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darslee
07-11 12:56 AM
I salute you guys!
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nashorn
12-17 10:41 PM
thanks for the inputs guys..
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
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ksircar
01-25 10:18 AM
As far as I remember, it was discussed earlier in 2006 and we came to the conclusion that Govt. of India has no ineterest in this matter.
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bkarnik
04-02 10:04 PM
I agree with raj. IV goals are clearly mentioned on the homepage and it appears its activities so far are consistent with its stated objectives. As a self funded group with limited resources, the fronts on which the battle can be fought have to be selected. Currently, the struggle is to get legal, high skilled immigrants on temporary working visas a more defined and timely path to their long term career and life goals. There will always be issues which the core group will hopefully consider and act on in the future.
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jamesbond007
11-01 08:42 AM
The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
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watzgc
04-22 08:06 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
yabadaba
10-26 06:19 PM
http://immigrationvoice.org/forum/showthread.php?t=14870&page=3
ajju
04-09 05:18 PM
Please appply EAD renewal in 120 days advance. You will get in time. :)
My lawyer said I can work up to 3 months with receipt provided it was applied at least 90 days before expiry...
I think its good to call USCIS directly and confirm.. Most of us will be in same boat sooner or later...
This applies for renewal cases only.. not for first time EAD (actual card needed)
My lawyer said I can work up to 3 months with receipt provided it was applied at least 90 days before expiry...
I think its good to call USCIS directly and confirm.. Most of us will be in same boat sooner or later...
This applies for renewal cases only.. not for first time EAD (actual card needed)