inthehole
07-18 12:07 PM
Called USCIS just 5 mins back.. first a lady answered and asked me questions about the reason of calling..
I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.
The lady asked me to stay on the line and transferred to another person.
Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)
She asked for reason for calling..
I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
i would like to know when can i expect my receipt no..
She put me on hold for few mins and came back and said
"You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"
I said I aready filed my application on June 25, before the July bulletin.
She said "listen carefully" and explained the same thing again.
I said thank you and hung up..
It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..
I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.
The lady asked me to stay on the line and transferred to another person.
Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)
She asked for reason for calling..
I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
i would like to know when can i expect my receipt no..
She put me on hold for few mins and came back and said
"You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"
I said I aready filed my application on June 25, before the July bulletin.
She said "listen carefully" and explained the same thing again.
I said thank you and hung up..
It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..
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EkAurAaya
09-26 09:55 PM
senthil1 makes more sense then this!
Hahaha that really made me laugh :D didn't know you also had a funny side :) good one!
I don't think i've ever mentioned to you... but you do an awesome job with news links! i read a lot of stuff that you post here, keep it up :)
Hahaha that really made me laugh :D didn't know you also had a funny side :) good one!
I don't think i've ever mentioned to you... but you do an awesome job with news links! i read a lot of stuff that you post here, keep it up :)
Dhundhun
07-12 08:06 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
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bank_king2003
02-08 05:38 PM
Yes - thats the irony.... we can only guess USCIS should be working correctly... but no one is there to question them about there bad working...
i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
useless CIS.....
i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
useless CIS.....
more...
ek_bechara
10-15 03:34 PM
Buddy did you even read what I said???
May be I misread. Too much going on here. The sad part is that the economically strong legal immigrant community is just so under-represented in this country.
No offense meant to senior folks here.
All the best people...
Peace out
May be I misread. Too much going on here. The sad part is that the economically strong legal immigrant community is just so under-represented in this country.
No offense meant to senior folks here.
All the best people...
Peace out
sri1309
02-18 05:48 PM
The only thing I liked is at the end that says
"Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
Did you post your story and the problems we are facing?.
Lets keep writing non-stop. We just need an admin fix, not the whole CIR.
"Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
Did you post your story and the problems we are facing?.
Lets keep writing non-stop. We just need an admin fix, not the whole CIR.
more...
mirage
02-06 09:52 AM
I have a conference call set up for Sunday evening, for those who may be interested in putting some efforts, but are still not convinced enough, can join the conference, hear what I have to say, than you can decide if you want to go ahead or not...
PM me for conference details...
PM me for conference details...
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Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. 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.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. 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.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
more...
alterego
06-08 07:09 PM
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
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veerug
07-04 12:31 AM
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
more...
inthehole
07-18 12:12 PM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.
Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)
Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)
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alias
06-10 02:20 PM
Even with EAD there is a problem finding jobs today. Employers sometimes do not call you after you tell them you have EAD. If they are going to make Immigration difficult for legals do you really think having EAD or not having EAD will really count? Nobody will give job for fear of lot of legal paper work, lawyer cost and complicated rules associated with layoffs. After TARP it was tough to get jobs in financial sector even if there was no TARP restriction for that position.
Don't you guys get it?
why are you digressing from the topic in this thread? let's put aside the EAD discussion for some other time :)
Don't you guys get it?
why are you digressing from the topic in this thread? let's put aside the EAD discussion for some other time :)
more...
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crazyghoda
01-30 02:15 PM
Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
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gsc999
04-20 05:23 PM
I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me
more...
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DUNBAR
09-10 01:50 PM
EB3 India is in the year 2002. For the applicaiton process, the Perm certifications expire if there is no I-140 filed with a speculated amount of time, I think it is 90 days. For EB3 I with a 2010 priority date now, how does this system justify filing I-485 so many years down the line, when the PERM certification itself was validated so many years back. This process just doesn't make any sense.
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gc_on_demand
03-10 04:46 PM
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
This is another anti immigrant. Please ignore him
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
This is another anti immigrant. Please ignore him
more...
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bomber
06-30 07:30 PM
Way to Go !
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
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Jaime
09-10 04:32 PM
We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!
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tooclose
07-12 09:13 PM
Thanks for good wishes and congratulations to all who become current.
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
wow... too many options ... do u know the source for any of these ?
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
wow... too many options ... do u know the source for any of these ?
logiclife
01-30 04:01 PM
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
bang
03-08 10:17 PM
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