adibhatla
04-01 06:04 PM
In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.
The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.
In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.
And as you can see from their explanation there is no way except to raise an MTR before the commissioner.
I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.
The only option is to go with the MTR and hope for the best.
By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.
I will you good luck.
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.
In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.
And as you can see from their explanation there is no way except to raise an MTR before the commissioner.
I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.
The only option is to go with the MTR and hope for the best.
By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.
I will you good luck.
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
wallpaper Oil Paintings (GP141)
salai007
07-17 06:05 PM
My Big thanks to IV core members !!!
arihant
06-01 12:47 PM
Those who are eligible to apply in June, did you apply the first day itself, or will do it later?
2011 Oil Painting ( Oil Painting)
amitjoey
03-26 11:56 AM
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.
more...
obviously
12-08 12:52 PM
HELP get us out of our 'Great Depression'.
American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.
In support of SKIL and other relief measures for High Skilled Immigrants:
A. NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
B. CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at highly skilled professionals with H1B's stuck in companies and jobs for *years* with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available. They are indentured labor because of retrogression and backlogs with visa numbers.
C. HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at wives of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY for us to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to please consider the net-economic value and social value that we, the highly skilled LEGAL immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.
Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.
Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.
YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.
Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.
We are helpless, but not without hope.
We are powerless, but not without pride.
In God We Trust, In You We Entrust, our lives and livelihood;
American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.
In support of SKIL and other relief measures for High Skilled Immigrants:
A. NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
B. CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at highly skilled professionals with H1B's stuck in companies and jobs for *years* with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available. They are indentured labor because of retrogression and backlogs with visa numbers.
C. HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at wives of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY for us to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to please consider the net-economic value and social value that we, the highly skilled LEGAL immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.
Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.
Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.
YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.
Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.
We are helpless, but not without hope.
We are powerless, but not without pride.
In God We Trust, In You We Entrust, our lives and livelihood;
abingc
08-19 12:46 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
more...
rbharol
08-22 02:14 PM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
2010 china oil paintings
amitkhare77
09-02 10:56 AM
as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
more...
ivar
04-09 05:29 PM
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
hair Remarkable Oil Paintings by
ksarin1
01-13 11:25 AM
Hello folks -
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
more...
jnraajan
08-18 11:15 PM
We all appreciate your frustrations. But by posting information like these in a highly popular site like IV, you are only bringing unwanted attention to news like these. Hope you understand.
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needhelp!
09-23 02:14 PM
http://www.dfwdiwalimela.com/picturegallery.html
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house Art, oil paintings photos into
saileshdude
03-25 11:10 PM
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.
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lostinbeta
10-24 12:19 PM
Haha... I got there on the highwind.
If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.
If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.
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pictures Handmade Oil Painting on
gsc999
01-20 12:05 PM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
--
The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
--
The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.
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fatjoe
09-05 12:51 PM
I could not ascertain a patter in which they do the data entry. Information on August filing is entered before the July filings...?
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cagedcactus
07-30 07:24 AM
Kindly please guide me.......
I need someone to please confirm the above posts. I am filing I 140 today and dont want to end up doing it wrong........
thanks....
I need someone to please confirm the above posts. I am filing I 140 today and dont want to end up doing it wrong........
thanks....
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sk.aggarwal
03-25 01:52 PM
I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?
As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that
As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that
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Desichakit
09-15 03:01 PM
Hi Sachug22,
There will not be any co-relation of EB2 and EB3 as dates are different
There will not be any co-relation of EB2 and EB3 as dates are different
Steven-T
February 20th, 2004, 11:13 AM
Oooops, too late. All got before lunch break. Next will be better and cheaper.
Steven
Steven
GCBoy786
09-11 04:58 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
Guys, Please update if you hear more of similar cases.
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