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

You are not helping yourself by saying such things.

Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.

By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.

I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.

Sarcasm and rhetoric will not take you an inch away from where you are right now.

--logiclife.

Hi Prasanthi,

In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?

Hi,

I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007

My daughter is born in Canada in year 2000.

My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

I would really appreciate your help.

Thanks

If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...

That's awesome! What made you think of doing that?
Thanks, I was really happy it worked. I wanted to shoot the tide pool waves, and get this effect without having to wait for a "perfect" morning (you can accomplish the same thing just before dawn or after sunset). I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here. This technique allows for pretty much any exposure time, and I wanted like 20s to get several waves. A couple of words of caution if any of you want to try it too (and you are welcome to do so).

You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light. You must buy linear polarizers. The good news is that they are cheap by comparison (<$50 ea).

Autofocus won't work worth a damn.

Adding two polarizers to the lens multiplies the internal reflections (I had problems with this, 3 or more reflections of the sun)

It vignettes at super-wide focal length on my zoom. I would always expect vignetting with a prime lens.

With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV. I suspect a lot of these pictures will look great in B&W.

There is a lot of potential here I think, and thanks all for the great ideas/suggestions on what else I can try. :)

Have you contributed to the MILLION dollar drive? Please visit the funding thread!

Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

I wonder what is happening....

Now, in addition, I see 12/18 LUD on my pending I140.....weird or they are processig my I140, pending since last December

If you are here on H1 and your dependent is in H4, it's your right to claim all the deductions that you are entitled to. For tax purposes your are a legal resident alien. I have routinely claimed Hope Credits for all my dependents and lifetime learning credits for myself.

If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.

I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??

Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?

My Lawyer cited following in cover letter to prove that I am eligible for AOS.

"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:

A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.

"

At-least I want verify that based on two PD's I am eligible to file for AOS.

My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr

Never changed employers nor job titles.

My concerns and questions below:

Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?

Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

Thanks.

Hi,

My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.

We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.

1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?

My current visa expires on Nov 20th. Please advice ASAP.

ok eilsoe, i love u

read this:

Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)

It's fairly likely, since the judges will have made their selections before the weekend. I guess it depends on what Kirupa has planned for the weekend. :sure:

It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.

One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.

Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.

Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.

You should be a safe - EB2.


Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.

If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

Thank you for your immediate reply. I have 2 more questions as below :

My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

3. My families also need to re-enter to USA at the same time ?

Hopefully, I am able to explain my occurred situation correctly.

I need your valuable suggestion pls.

Why dont we take voting for name change and see what % of members will opt for the change.
not in favour. IV has established an identity with all the hard work from the founders, they are people like you and me who are putting their valuable time. Changing the name now will only add to confusion in the minds of all thousands of people who are involved or talked to from contributions, to news letter articles, appearing on news channels, to talking to law makers and so on. It will take extra efforts to say this " the newly called ... which used to be IV... ". In my opinoin IV is fine, just add a phrase below, as "legal aliens for immigration reform" or something like that.

(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

(3) Re-file a new 140 petition?

Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.

If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.

There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks

my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.