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I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....

Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.

doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?

My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.

My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.


Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?

3) Are there any other options?

Can a senior member please clarify?

The Employer won`t be touching the I-140 or any other related GC apps.About the time frame for getting same or similar job...I am seriously keeping my fingers crossed!!!!
Thanks for all the detailed inputs alterego !!!

I am not sure but the SKIL bill may be one such initiative. Check out
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf

I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..

There's no need for you to be negative.

Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?

I edited my previous message as I do agree I sounded negative but that's not what I mean.
Some of my suggestions:-
1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.

2. Doing a rally in NY, Sanjose etc.

3. Working closely with USCIS and IV core and see how we can improve the situation.

Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.

We can post IPL matches here, we can post people working on two jobs and all the advise for every thing and not for this poor guy who seeks advise.

This is a form for immigration issues and not only to get your Green card. Incase you forget that.

This is a very sad state then some seniors think they can talk trash or anything to other members. This needs to stop asap.

I know what I did was wrong. But what should I do now?

I am worried if USCIS will be sending the copy of the experience letter for verification?

If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.

Check all info I provided here with a lawyer. I am not a lawyer.

If that happens, you may want to really get a good attorney to provide you with options.

You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.

But if you get caught in this, then its going to be bad news.

Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

Is number of applications in 2001 and 2002 is > 40,000.

Its very hard to believe.

they responded today to USCIS, nothing much here I guess...

one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.

I have changed the title of this thread to make it less controversial.

My drivers license is expiring in October as well as my H-1B. My company has applied for H-1B renewal in July and it seems it will not get renewed before end of October. I have an approved I-140. Does anyone know if I can get my license renewed without the new H-1B approval notice in hand? Thanks everyone in advance.

hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated

Load balancing is one of the primary reasons.

Share experiences of good and bad consulting companies here. Help someone avoid the trap of fraud consulting firms which ruin peoples careers.
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http://h1b.wikidot.com/h1b-companies
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Share this site with others and lets put an end to the consulting trauma.

Registering a new country? I hope you are not kidding, needhelp!:)

Regards,
IK

With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.

you can volunteer for your future employer as long as there is no financial transactions involved.Then you are replacing american guy.

I think everyone is interested in their interests. We call it vested interest. Everyone is going to work to further their interests just like we are working for our problems. To us, our problems are genuine, but may not be to everyone who we think they should be.

To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.

I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.

lawyer sent 3 tax returns no paystubs

09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases

If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com

Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.

Hi,

Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then before H1 date starts i can get my family here on there L2 since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?

I was one of the people who bashed Oh when he "sympathizes" with USCIS workers, I could not figure out what he was thinking sympathizing with USCIS workers.

In this case he is helping publicize the flower campaign. Why are you guys bashing him instead of thanking him? IV core has clearly stated the flower campaign and some other initiatives are member initiatives and not IV initiatives so I can understand why Mathew Oh might have left out IV. Let�s not make an enemy out of a friend who is trying to help us in this particular situation.