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adibhatla,

Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
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Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

The decision leaves you without lawful immigration status���.
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After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00

It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

The notice number you are referring is same as I mentioned or different?

I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





Employer: A

December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas

February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

March 03/2008 I140 Notice Returned as Undeliverable

March 05/2008 I485 Denial Notice Sent


August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

Nov 26 2008 MTR received and pending

What will be my fate? How long should I wait??

Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.

Very good, ask your wife to bring a load of sweets for IV member. ;)

.

One thing , did any other reputed site report this news ?

It's on Greg Siskind's blog as well

I can second that. I do have an inactive discover card (I have not activated the new cards they sent to me as I have better cards to use). I have had discover cards for years. Just recently, a person from Discover Card called me to offer me those 5% reward cards. I said sure. Then she asked me if I was a citizen. Then she asked if I was a permanent resident. After two nos, she said then I can't give you the card.

Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..

Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!

My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!

We got to get it done and make solid impact rest is futile

I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.


You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.

The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.

So the most important thing is to participate in the phone campaign esp the one targeting CHC members.

what would happen after the hearing? where does it go next?

HI SHANA,

Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?

:D

Actually the SU-30MKI beat both the F-15 and Euro fighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development


India has so good grip on Russian & European Aviation technology (I got opportunity to be a part of MIG s and Jaguar upgrades for several versions in IAF &HAL).
In fact India is already involved into actual development & reselling of Russian MiG version air crafts to some third world countries after Russian collapse.
Inherently Russia always carry the base line fundamentals forward to newer technologies. By already having good expertise on those,
It perfectly makes sense from India's point of view to go with SU 30 and Euro fighters compared to F versions.

Immigration - It may not have any impact on immigration even if it is, what difference it makes after loosing so much of precious time in waiting already.

What kind of job is that that pays $$$ an hour? LOBBYING ? :)

working for Halliburton ?? or being an immigration advisor :)

.. and how exactly do you know that I didn't participate? did you just look in to your crystal ball and it magically gave you a list of people who didn't call their lawmaker? I may not have posted any update in that thread but I did call my 2 senators.

If you think that I have to give you a daily update in writing on what I am doing everyday to support IV, you are up for a surprise because that isn't happening. Before you criticize others, at least think.

By the way, you don't own IV or this forum so please don't act like everyone needs your permission before posting anything on this forum.

All I am saying is that if there is a good reason to close a thread, just say so. Just give a one liner explanation and everyone is happy but I am not sure if that's too difficult for you understand.

You did not even take part in the call the lawmakers drive. Likewise others complaining on this thread also do not have a single post in calling the lawmakers thread. You can happily do your predctions on your own websites, but on this websites you should allow people to seriously do focussed IV work.

I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD

Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application

This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

Hope this is useful.

I have sent the letter to President as well as IV.

Sent the letter to the President and IV.

anyone of you see a pattern here with this FP notice delay??
or USCIS is still claiming its consistency in being inconsistent :rolleyes:

I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

My wife has her own H1b valid till Dec 2008.

We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

My wife has mentioned that she will be applying for Divorce in USA.

Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

i dont mean to give u advice on patch up..but from 485 perspective ..put ur future marriage plans on hold for a short while or atleast until u get ur gc...

if ur dependant, then go ahead..otherwise u dont need to cancel ur 485 even if u get divorce

This is a really good initiative. I appreciate the IV core for taking this up. I have read enough stories from people on Murthy forums. I will ask people on those forums to post their stories first hand on IV forums.

If possible contact other forum moderators and post this message/link. We need more support to fix this issue.

Thanks for your support.

We need someone to youtube this and help with the media campaign!
Can someone record and post this....?

Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.

As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.

Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.

qasleuth,

I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.

Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.

US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.

If they want an ID, let them separate it from drivers license.
I can't agree to every single law being setup by some ignorant lawmaker.

Some examples.
NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?

TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?

I have come across many such restrictions/situations which does not make sense. So my angst.

...if you are willing to see things with open mind, they are very well glorified in US markets too....that's the reason they were able to convince & win the confidence of almost all of the fortune companies....I don't think just by media hype, one could win the markets so consistently and see a continuous growth in a capitalistic market like USA.

If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.

Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.

At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)

I rest my case!!