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  • Sunx_2004
    04-01 06:39 PM
    As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
    Any inputs..
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?





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  • nozerd
    04-13 11:35 AM
    This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
    To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.

    What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????

    "F. VISA AVAILABILITY DURING THE COMING MONTHS

    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."





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  • irock
    08-05 09:46 PM
    PD : Aug 2004, EB2, NSC
    I-140 Approval Date :Jun 2007
    I-485 Received Date : 07/26/2007
    Name Check: Don't know. I've infopass on this Friday.
    Gave Finger Prints.





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  • H1B-GC
    05-15 12:28 PM
    Case Rejected because of Incorrect Fee

    --------------------------------------------------------------------------------

    I am asking this question in this thread as i dont know how to start new thread.

    Hi

    My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
    ------------

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case Rejected because of Incorrect Fee

    On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.

    ------------

    Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...

    The question here is:

    1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case

    2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?

    I am confused...

    Appreciate your inputs

    Thanks

    NH123,

    can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.

    Thanks!



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  • LostInGCProcess
    10-26 08:51 PM
    My online status shows

    On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

    Is it just out of curiosity you inquired about your pending 485?

    Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.





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  • yabadaba
    12-13 01:27 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.



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  • vbkris77
    11-26 06:34 PM
    Pappu,
    As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
    Thanks

    http://www.travel.state.gov/pdf/WaitingListItem.pdf

    In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.

    1. For EB2 3K visas doesn't change the dynamics.

    2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.

    3. ROW EB3 will be slow and Philippines will be dead slow.

    The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.

    We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.





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  • uslegals
    08-20 04:10 PM
    Will complaning to AILF OR AILA help..??



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  • Omm
    12-28 11:18 AM
    This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!





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  • coolngood4u80
    11-10 03:59 PM
    wonder why bulletin hasn't come out yet...



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  • siravi
    11-06 11:05 AM
    for sharing your experience. I have an infopass appointment in NY later this week, will post information.





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  • satishku_2000
    05-17 01:15 AM
    Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.

    I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.


    If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.

    Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.

    The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.

    One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.

    what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"

    No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.



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  • Widget
    04-15 10:25 AM
    Thanks

    In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...





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  • nixstor
    02-11 04:23 PM
    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link
    http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html

    My 0.02

    mpadapa,

    Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.

    While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy



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  • natrajs
    08-31 06:12 PM
    I have discussed it with my Chinese co-worker and he asked if this IV's is only for Indian's, I said "NO"

    IV is for all the community

    And gave him tour of IV's website Guess what, he is joining me now, all we have to do is to reach out to your friends spread the word about the rally

    I also had a business trip conflict with the DC Rally; however I decided to talk to my boss and explained him about the Rally. He immediately agreed upon and allowed me to postpone my business trip.

    If there is a �WILL� then you will find your way to DC



    Go to DC To Get GC





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  • EndlessWait
    10-02 01:51 PM
    No FP notices. Spoke with the lawyer today morning and he mentioned that as the FPs are elgible for 15 months, they issue the FP when they "think" that they shall be able to finish the case in that 15 month time period.

    My EADs say FP not available, but I believe that it is not a big concern.

    Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.

    As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.

    just curious



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  • saurav_4096
    01-04 02:53 PM
    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D

    First of all your freind is brave...

    He can request IV to put another item in lobby agenda for brave category...





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  • xyzgc
    10-23 03:56 PM
    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?

    That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
    Its crazy.
    How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.





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  • Macaca
    08-31 10:29 PM
    Explorer starts exploring google map and gets lost.:D

    Its seems to be working fine on my explorer and Firefox.

    It worked now after 2 days. I think my explorer settings need work. I don't know much about them

    Macaca your help is needed in finding some good slogans and quotes for banners. we are still looking for a few. We do not have much time to finalize. If you know some, then post on slogans thread

    I have never thought about slogans. Will keep that in mind. What is the deadline?

    We need a slogan that mentions H1B's contribution to Social Security. I have not been able to find an article that mentions it. There are lot articles that mention undocumented workers contribution in billions. Just imagine how much we must have contributed and NO ONE mentions it





    nag2007
    10-15 10:35 AM
    Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.

    MY Company never wanted to allow another application through PERM.





    meridiani.planum
    07-19 11:53 PM
    Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?


    well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:

    George Santayana:
    Those who cannot learn from history are doomed to repeat it.

    Etienne Gilson:
    History is the only laboratory we have in which to test the consequences of thought.

    Kurt Vonnegut:
    History is merely a list of surprises. It can only prepare us to be surprised yet again.

    Pearl S. Buck:
    One faces the future with one's past.

    though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.



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