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  • binadh
    07-05 11:13 AM
    This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?

    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year





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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks





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  • tabaching
    10-22 12:43 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks





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  • eagerr2i
    08-02 07:32 PM
    do you remember the appointment time?

    My wife and son's appointment time was 10.00 and 10.15 AM



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  • sanjay02
    05-22 06:04 PM
    Hi
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


    Thnks
    Sanjay





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  • suriajay12
    02-12 08:12 AM
    How about sending 100 thousand roses to WHITE HOUSE on the same day?

    I am in for Gandhigiri. I remember we celebrate aniversaries of the success we had when we did this 1st time and only time. Its time we do it again.
    I know many people whose cases are ready to be adjucated are keeping a silent note core members or others, and they will become active again when numbers become unavailable.. which makes sense like in many cases. What will you do if your date is current.. be very hopeful for hearing the good news.. and not try to get ANY attention, . right.. Sorry if I hurt anyone,. but what are we waiting for.. economy to pick up??.
    But I know many people out there are not even close to or hopeful if the numbers become current.. LETS DO IT. We request IV core to come forward and start a campaign. Please help.

    The below is from immigration-law.com and they too feel that priority #1 doesnt mean others have to sleep.. Please act fast.


    02/11/2009: Three More Private Bills Introduced in the House 02/10/2009

    As we reported earlier, failure of the Congress to fix the broken immigration system apparently induces members of the Congress to introduce private bills almost every day in session. We admit that under the current environment of historical economic crisis and rising unemployment, economic stimulus and financial bailout should be the top priority for the government's agenda. However, it does not mean that the other important parts of the nation's policies should remain on hold. We have learned a lesson from the past eight years that leaders' total obsession with only one agenda, "war," led to neglecting of almost all other parts of the country's policies and people's life , including deteriorating economic competitiveness, education, healthcare, arts, etc. and the country is now paying its price. Look at the state of our country's education. Priority in policies should not mean that all other important nation's agenda should remain in standstill.



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  • krishna_brc
    06-17 02:56 PM
    Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)

    Hi GCCOVET,

    What will happen in the below scenario

    Company A sponsered GC, 140 approved and 180 days passed filing 485
    if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

    Thanks,
    Krishna





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  • hopefulgc
    03-31 10:49 AM
    Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?



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  • saurav_4096
    11-28 02:35 PM
    I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
    Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

    Just wondering if some one else in the same boat not receiving emails.
    I have given my hotmail email ID, if that matters ?

    Any Idea ...





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  • trictrac
    09-08 12:34 PM
    I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.

    also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.



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  • grupak
    02-06 05:48 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.

    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.





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  • snathan
    05-04 06:20 PM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

    If no agreement is signed once you receive the legal notice, take it to an attorney and respond with legal notice. Do not get scared by this thugs.

    Just let them know you are ready to handle it legaly and ask them to send legal notice. If you know any of their irregularities tell them you are going to send the complaint to USCIS.

    Just for $2 only idiots will go for legal notice and law suit. They would be spending in thousands for that. Its funny how these desi thugs thinks and threatens.



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  • gonecrazyonh4
    05-08 11:01 AM
    Last time we renewed we lost more than a month since they did it from approval date. Also they gave it so fast and only for 1year - we missed the 2yr valid EAD by days. In comparison they issued the AP quite late taking their sweet time





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  • nogc_noproblem
    04-09 04:50 PM
    1. Supporting Letter
    2. Employment Verification Letter from New Employer
    3 Copies of the Pay stubs from new employer
    4. Relevant portions of AC21
    5. Memo on August 4 th 2003 from William R Yates
    6. Copy of I-485 filing receipt notice for your name
    7. Copy of I-140 approval notice.
    8. Copy of I-485 filing receipt notice for your dependants (if any)

    Hi Gurus,
    I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?



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  • garybanz
    09-28 12:13 PM
    I called up USCIS - Number: 1-800-375-5283, If you don't have a receipt number and want to get one Touch Key options to press are : 1-2-2-6-2-2-1

    You need to say that your application is more than 90 days old, else you will be kicked out.

    If you say that your application is more than 90 days old then you will be transferred to another person who will give you the receipt numbers.

    For the record there should be one receipt number for each applicant (your dependents and you)) for each document (485, 131, 765)





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  • maheshf
    02-20 09:00 PM
    bump



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  • gc_on_demand
    05-19 01:42 PM
    Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?

    I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.





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  • shahrooz
    08-26 10:45 PM
    Thanks for your replies. I'm 99% sure all documents should be OK since I reviewed them maybe 10 times before finally mailing them. About extension, the customer service rep told me it's technically not possible. I'm not sure what she meant by "technically" and she sounded more like an answering machine with a few pre-organized lines and sentences, and she wasn't very helpful. So funny, at one point I asked her :"Excuse me, is this a real person I'm talking to?" and she said :"Yes sir!" with a little tingle in her voice. :D

    I'm going to try customer service once again tomorrow & see what happens. Maybe I get lucky and talk to someone a bit less similar to a Humanoid!

    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough. Meanwhile, I'll prepare the work experience letter and hope for the best, although whatever has happened to me in this country, has been kinda ... well, the worst.





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  • ragz4u
    04-10 12:42 PM
    Thanks to all those who have responded to us. We will send out an email to all very soon. We are also planning to have a conference call sometime this week to go over this.

    Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!





    pointlesswait
    06-03 05:58 PM
    zaara dhek kar reply kar na yaar..
    the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...


    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.





    lacrossegc
    12-13 12:12 PM
    Somebody please shut down/delete this thread



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