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deecha
08-06 11:22 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court

Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
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pappu
07-01 10:00 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.



kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
chutiya loog chitiya suggestions...chal gandu salla...

We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.

Your posts were deleted due to the following reason:
- Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
- Do not create action items without consulting IV.
- You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.

If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.
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glus
02-27 09:21 AM
Glus

That was exactly what I was looking for.

What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.

Tks!

That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.
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hpandey
12-30 09:05 PM
hi All,

i'm new to this forum.please advice on my situation.

I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?

Please help me ...

Thanks

I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .

On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
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logiclife
03-28 06:26 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.

dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.

I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.

I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.

You have indeed done an amazing job in totally making that diary hopeless.

Kudos to you for doing that and many thanks for defending this community on that site.
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indyanguy
06-08 01:25 PM
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.



Thanks a lot. Is this where we need to send? (BY fedex)

USCIS Nebraska Service Center 850 S. Street Lincoln, NE 68508-1225
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spaceguy
11-11 11:24 AM
My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
Thanks for your advice

As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever
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kittu07in
08-20 06:39 PM
no....485 is not applied for her. She don't have an EAD.
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Blog Feeds
04-26 11:20 AM
As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

DHS - CBP SBU

1084 South Laurel Road

London, KY 40744

Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

To validate departure, CBP will consider a variety of information, including but not limited to:

* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:

* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
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sin94
03-08 08:50 PM
Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months

On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.

No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.

Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear

I just hope others do not go through the same harrowing story as mine.

That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
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gcseeker2002
02-12 05:14 PM
If you have approved labor and 140, why you want to file EB2 perm?

1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
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pointlesswait
12-09 11:21 AM
i have not come across any success stories of USCIS to CP move.

Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

you are venturing into the unknown jungles....;-) ..best of luck
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nozerd
02-28 12:26 PM
Thanks Y,
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.

Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
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ddeka
12-31 10:06 AM
My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.

Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
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sent4dc
08-25 08:36 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
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wheretogo
11-28 01:35 PM
On Monday (11/27) I got EAD card. There was wrong in "from valid Date"

My Current EAD expires on Feb 27th 2007 and I received New EAD Valid from 11/28/2007 to 11/27/2008.

- I called Customer service First time they have told me to resend I-765, Original EAD and letter telling, what is wrong.
- Second time when I called customer service and explain issue, She transferred me to Immigration office. I got Immigration officer from Los Angles and He told me same thing to re-send all documents again without Fee
- Third time, I called VSC and talk to officer and he look my case and realized the mistake and told me , he will take care and send me new EAD card with proper validate date but when I asked me case number or reference number, he told me that you have to wait for 30 day to get new card.
- I also took InfoPass appointment tomorrow and see what local INS office suggest me.
- Tomorrow I am going to call Vermount centre and discuss and then send I-765 forms , Original EAD and letter explaining the issue.
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salaryVictim
06-09 05:34 PM
Dear Viewers

Could anyone please advice me on how to claim the unpaid salary from the previous employers.

I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

Any piece of advice would be of great help.
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ab_tak_chappan
09-10 11:11 AM
Glad to see our EB3-ROW friends making some headway!
Lets congratulate and feel happy for them instead of crying
Category India Most Other Countries

E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
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gotgc?
08-13 10:39 AM
Hi All,

I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

Please give me your thoughts...I would really appreciate your help...
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member123
09-17 10:10 AM
Any idea what we are trying to achieve here?

If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.

the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.

many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.

which is my case too, so was trying to see if any one in the same boat like me and has any other update.
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sid_das
04-21 06:34 PM
hey starscream

- What was the RFE about?

In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.


- Are you employed by a consultant or employed full-time at a company's location?

I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

- Did your employer have any profit isseus / layoffs reecently?
No

- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

its driving me crazy....:(
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