rocky17105
07-27 11:28 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
wallpaper quot;Minnie Mouse Birthdayquot;
Pallavi79
01-29 10:41 AM
what is bc & nabc?? :(
immigrationvoice25
01-24 12:26 PM
Sudha -
I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.
You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html
Best of luck!
I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.
You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html
Best of luck!
2011 Minnie Mouse Cake
ab_tak_chappan
08-12 10:06 PM
To celebrate the success :D
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goldbuckle
March 14th, 2006, 10:29 PM
I started shooting rodeo last year with my Nikon D70. The lighting at the rodeos I am shooting is very poor. Last year I shot with a Tameron AF Aspherical LD 28-200mm f3.8 to 5.6. I was able to get some good shots but mostly I was disappointed. I shot up to 1600 ISO in manual, with the lowest f stop possible for the zoom used, auto white balance, AF-C, single area & dynamic area AF mode, and experimented with shutter speeds from 1/60 to 1/500. I was very displeased with the results I got. On the 1/60 end I got to much blur and trying to stop the action the results were to dark. So I invested in a Nikon Speedlight SB-600. Occasionally I would get a could shot, but I almost always get red eye or the horse or cattle eyes are solid white from the flash. I even tryed to fill in the shadows with flash on manual at 1/64. I still get the white animal eyes. This year I bought a Nikor 50mm f1.8 lense. The lighting was very poor, but most of the pictures were better than last year. I am still not pleased with the quality though. I shot with and without flash. Without the flash pictures were still to dark even at 1.8 and had to be digitally enhanced. I shot some at 800 and 1600 ISO. The images are just to grainy. Any one got any advise. Here are four examples from about 2200 shots from Fri & Sat.
FinalGC
03-30 11:58 AM
Thanks guys for all the wisdom....I believe I knew the answer, but needed a 2nd opinion...
I had to renew my H1 visa, so was wondering what would happen if my GC was to get approved and my dependents remain pending, before the h1 is applied. My GC is still pending, hope to see some Green soon....maybe this year. All the best for all of you.
I had to renew my H1 visa, so was wondering what would happen if my GC was to get approved and my dependents remain pending, before the h1 is applied. My GC is still pending, hope to see some Green soon....maybe this year. All the best for all of you.
more...
sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
2010 second Minnie Mouse cake
pcs
07-17 09:53 AM
Guys.....
This thread should stay on the very top all the time...
It will be a shame IF SOMEONE HAS TO BUMP IT despite of the the EVENTS DURING LAST FEW WEEKS.
This thread should stay on the very top all the time...
It will be a shame IF SOMEONE HAS TO BUMP IT despite of the the EVENTS DURING LAST FEW WEEKS.
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meridiani.planum
11-26 02:57 AM
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
hair cute Minnie Mouse
lazycis
06-13 12:15 PM
http://www.immigrationportal.com/attachment.php?attachmentid=16087&d=1177023943
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
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rbalaji5
02-20 01:27 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
hot icing and Minnie Mouse.
raysaikat
11-30 09:51 AM
Thank you very much for the replies.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).
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mvsreddy
11-06 05:15 PM
Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???
tattoo Minnie Mouse Cupcakes
LostInGCProcess
11-06 02:39 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
more...
pictures minnie mouse fun cake and
glus
11-20 06:50 PM
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.
Regards,
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.
Regards,
dresses minnie mouse cupcakes
amitjoey
07-20 02:04 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
That is a good question, do not know what you would have to do in that situation.
That is a good question, do not know what you would have to do in that situation.
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makeup Minnie Mouse Cupcakes
mmeshref
12-02 06:10 PM
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
girlfriend Welcome To Cakes by Design
moclutch
09-30 04:22 AM
There was no move for Nebraska I-140 EB3 category.
hairstyles Minnie Mouse Childrens
wanaparthy
03-24 01:59 PM
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ultimate_champ
11-29 11:14 AM
After showing all the documentation and the AC21 law links to USCIS site, my lawyer and immig dept agree that 03-Aug-2007 is my receipt date.
so my 180 days start from 03-Aug-2007. Quite a relief for me.
On the other side, I already lost out on 1 opportunity coz they took so much time to get back with the answer. I hope something clicks in the near future.
Thanks for the forum feedbacks and answers. This really helped.
so my 180 days start from 03-Aug-2007. Quite a relief for me.
On the other side, I already lost out on 1 opportunity coz they took so much time to get back with the answer. I hope something clicks in the near future.
Thanks for the forum feedbacks and answers. This really helped.
gcformeornot
06-30 08:36 AM
You are a line jumper. Get out of here..:mad:
