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  • govindk
    11-01 12:48 PM
    I guess USCIS is counting 90 days from the notice date though USCIS website clearly state that the 90 days are from filing. I called USCIS several times and every time i got the answer that the system is not allowing them to file service request as 90 days are not completed.
    My lawyers also replied and said that the USCIS is counting 90 days from notice date.


    Service Center - NSC
    Filed - July 26th
    RD - July 27th
    Notice Date - Aug 31st
    FP - Oct 10th
    LUD on 485 - Oct 18th
    No LUD on AP/EAD yet.





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  • ubetman
    08-04 03:14 PM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance....





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  • vfwlkr
    04-08 03:16 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006





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  • lostinbeta
    10-21 01:56 AM
    ooo, I like photography, but I can't take pictures. I am just so horrible at it.... funny how something so easy is so hard for me.



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  • h1bemployee
    06-23 05:47 PM
    if I apply for a new H1 transfer , can I start working after getting the receipt?





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  • little_willy
    08-08 06:07 PM
    Did you try getting this info from IV tracker?



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  • anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?





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  • indianindian2006
    02-08 08:38 PM
    what is OCI??

    Overseas citizen of India



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  • roseball
    03-29 04:15 PM
    How long the process took before filing? How much time for PWD alone?

    It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....





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  • reddy2cool
    08-21 08:19 PM
    My suggestion is unless its giving u a great improvement(atleast 30-40% diff total compensation wise) over the current job and your current employer is not even acceptably reasonable Pl stick with your current employer since you waited so long why do u want to trash it now?your much needed freedom will come eventually(according to vdlrao and many other senior members
    eb2 will move at great pace through out next year)and you are close to it than ever.



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  • trueguy
    08-08 06:44 PM
    How about extending the poll to include Dec'04 ?

    I thought about that my friend, but chances of EB3-I going beyond 2004 are very slim. Sorry, if I hurt you by saying this but we have to accept the reality.

    Thanks.





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  • kate123
    04-07 09:38 AM
    Kate, do you personally know the two cases? Just curious. Thanks!

    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)



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  • niceguy
    02-22 06:22 PM
    For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.

    Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.

    The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.

    Hope this helps.





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  • hmehta
    05-31 11:32 AM
    On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

    Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.



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  • GCBy3000
    02-06 05:22 PM
    If your spouse is on H4, you can invoke the EAD? I dont understand what is the problem in invoking the EAD?





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  • ranahosur
    07-15 07:39 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R



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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.





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  • shx
    02-25 05:09 PM
    Your comparison is retarded. Not everyone is like you and cheat their employer. Most people are honest in what they do.

    So you really think the comparison is retarted? I can see where the R-word applies better. So, I automatically cheat my employer and you automatically belong to the 'Most people are honest in what they do' category?

    Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.





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  • the_jaguar
    03-25 01:48 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.





    bestofall
    07-28 04:27 PM
    CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008

    Is any one would like to join this !





    duttasurajit
    10-18 12:19 PM
    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?



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