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this is realy getting more confusing and I think

Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )

I'm ready to join the Texas Chapter. I reside in Houston.

I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..

My application is being processed at Texas..

Not many people who have filed with me has recieved any notices as of yet..

So dont worry guys we all should be fine..

Thanks everybody for the info.

laborchic, could you please let us know when you will receive the FP notice yourself ?

I don't have any lawyer so if USPS loses it, I have no way of knowing.

Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?

P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.

Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.


on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.

However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.

The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.

As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.

Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.

Consequently, the petiton is hereby denied.

We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.

Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.

I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.


My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.

My wife doesn't get her receipt 485 number I am not able to use my EAD.

Can any body suggest how to approach this case? Or is any one face same issue.

Thanks.


If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.

Hi,
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?

Atleast, Janak was bold enough to be straight forward.

I suggest to wear suits (black,grey,brown ,..yaa dark) this way it looks organized and looks diffrent to draw attention.

{ and in this way bayarea guys can utilize their old suits :) }

^^

It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:

This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

This means that we have to stay put and work towards our common goal of getting the system fixed.

Labor substitution is bad for those who can't find one and good for those who found one. I didn't find one so it's bad for me. But 1 thing the DOL came up with the substitution rule is that 45 days labor expiry rule. Just can't believe the administration can harrass people to that level. When labor substitution is in place what's the point of this 45 days rule ???

You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485

I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.

Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)

Ciao

thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.

Yes forwarded the copy to the lawyer this morning.I have an appointment with lawyer Friday morning regarding this..So for lawyer office didn't received anything from uscis.

Here is my backround
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.

This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.

My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange

I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:

Thanks
KPR

he is a great person with a big heart, he made a mistake.. everybody have and do stupid decision.

I found this in another website:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"

This is talking about I-140 and not I-485.....

My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!

I got denied by discover credit card due to not having a green card.
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.

Though i have a mortgage now, my first mortagage application got denied on same grounds.

Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.

But most of the lenders do mortgages anyways even for the people who does't have a ssn:).



No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...

.. bumping

Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.

now a days that test is mandatory for all Asian countries. If you did master's in US then you no need to take that test. in their website there is a point calculation chart for the points that you get in IELTS the corresponding points for canada pr. If won't take that test mostly they will reject the application if you are from Asia.

I do feel that a flower campaign again will have the opposite effect. Once is a novelty and the media loved it, I think the second time you would be annoying people and so would do more harm than good to your cause.

Let's see if we can get IV to talk to Zoe Lofgren and other and see what actions we could take. We are behind you financially and with manpower. Please do not let frustration creep in.

Ultimately you will succeed.