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Sunday, June 26, 2011

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  • flyingninja
    11-02 11:12 AM
    In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.

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  • GCSOON-Ihope
    01-19 05:58 PM
    To say the least, this is a very strange way of saying that...they just mailed you your Approval Notice! This is just my understanding.
    Anyway, you should get something in the mail very soon: let us now what it is!

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  • India76
    09-17 01:39 PM
    I am going fromamerican airlines that goes directly from chicago to Delhi and coming back same way.

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  • Jaime
    09-05 05:24 PM
    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name

    True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+


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  • 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.


    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.


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  • eb2_mumbai
    10-28 03:48 PM
    Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

    FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.


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  • anilvt
    08-28 05:20 PM
    got 2yr ead ...140 approved in 2006 ...i am current now ...

    i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs

    there is no rule which they follow ....

    i remember old saying rules and promises are meant to be broken ...

    well crazy world and crazy us

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  • ghost
    06-20 03:20 PM
    AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)

    GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?

    The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.


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  • gmail
    07-22 03:14 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?

    It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.

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  • isthereawayout
    02-22 01:47 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.



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  • kennyc
    May 25th, 2005, 06:37 AM
    Thanks for the comments guys. I appreciate them.


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  • fittan
    04-23 01:14 PM
    If unsure, go with the lease date. No harm informing USCIS earlier. I've changed my address before and trust is a freaking mess. Here's my advice:

    1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.

    2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.



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  • Nil
    11-04 01:34 PM
    {As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process. }

    Thank You for clarifying.
    After the new PERM is approved, is it possible to actually premium process the new I-140?

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  • psaxena
    11-19 05:30 PM
    No wonder they can do this , after loosing the case 2 times in the lower courts now they are taking the case to supreme court. Well they got the money , lawyers and dedicated paid employees to work on it fulltime, they can do all they want. Advertise on CNN and get a complete page ad on WSJ. But we have got guys who are sitting on the margins waiting for their Labor to approve to start making the donation. Well you may not last that long here in US to make the donation my friend in this case.
    Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.

    They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
    Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.


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  • indyanguy
    10-22 11:43 AM
    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates

    How can the labor be filed under EB3 and the 140 under EB2? Is this possible only if Labor mentioned BS + 5 (or MS) as the requirement even though it was filed under EB3?

    Anyone care to throw some light on this?

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  • dsneyog
    11-24 10:16 AM
    Can I e-file? I read that if my I-485 application is pending and I am applying for AP separately and for the first time, then I can not e-file?
    I thought e-filing is for renewals only?

    Thanks to you both for providing list of docs.


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  • sweet_jungle
    01-10 06:17 PM
    What do you mean by
    "Can an attorney force me to file AC-21 even if i dont want to?"

    Are you asking if the attorney would file the change of employment letter?

    Please clarify your question

    What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?

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  • mytv
    09-01 09:32 PM
    Thank You

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  • h12gc
    04-29 02:34 AM
    Could any one please answer my questions about my RFE on I 485?


    08-05 04:44 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.


    Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....

    Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......

    08-13 02:01 PM
    So what are you complaining about :)

    Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.

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