SGP
03-25 03:02 PM
Congratulations on your freedom.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
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ronhira
09-18 09:42 PM
USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.
uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....
u may want to look for uscis definition of backlog....
uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....
u may want to look for uscis definition of backlog....
hoolahoous
05-27 12:49 AM
...I like the attitude :)
i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..
i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..
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coolmanasip
07-19 09:58 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
more...
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suman
12-17 10:00 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
It does not give nay reason. It does not even say to appeal..
Thanks
virald
07-13 09:48 PM
my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.
he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees
From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
FWIW, a big technology company's lawyer are sending almost 1100 applications.
he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
is this wise idea...if i say yes.. he will file by next week..
i already sent money for my wife...
my company is not covering my wife's expenses.
the lawyer is charing 600 for legal and 745 for filing...
are these
reasonable fees
From what I understand, you guys should apply. Worse case scenario is that it will be sent back, but, if something comes out of the law suit or so called compromise, you guys could just become lucky.
FWIW, a big technology company's lawyer are sending almost 1100 applications.
more...
jagan13
02-24 12:24 PM
Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.
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deepikak
03-25 04:50 PM
I have voted for all the questions posted on legal immigration which speaks about our issues.
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
more...
Suva
10-28 11:07 AM
Happy Diwali to every one here in IV...
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saileshdude
03-23 09:41 AM
I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.
more...
sendmailtojk
03-31 11:44 PM
At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
Cheers.
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ChalapathiChitturi
11-01 04:22 AM
When I filed my 485, I gave My company address in all the applications. My company is in Washington State.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
more...
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GC_Applicant
08-11 11:16 AM
May I know what is the objective of this poll and how can its outcome help us?
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bekugc
12-11 08:00 PM
as for Mohits qn. i agree with pragirs' answer.
during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.
as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...
during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.
as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...
more...
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DareYouFireMe
03-15 12:25 PM
No
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
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lghtslpr
02-09 12:56 PM
we can set up web fax with the same content.
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
Please just do it! Then let people know here and there. I'll try to get the word out too.
(This is a grass roots effort, so there is little top-down orchestration.)
more...
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sanagani
03-08 02:54 PM
Appreciate your answer,,thank you
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gccovet
06-25 12:24 PM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
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dcrtrv27
11-13 07:59 PM
I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
freddyCR
July 27th, 2005, 10:44 AM
Ok Gary..this is my interpretation.
This is what I did:
In the RAW window :
Exposure -1.65
Brightness 71
(other values in Auto)
In PS window
Shadows 12
Brightness 36
Levels:
Input 18 0.89 255
Output 0 255
COlor Saturation +34
Unsharp Mask 300 0.3 0
Et voila:
http://www.dphoto.us/forumphotos/data/500/gparrraw.jpg
This is what I did:
In the RAW window :
Exposure -1.65
Brightness 71
(other values in Auto)
In PS window
Shadows 12
Brightness 36
Levels:
Input 18 0.89 255
Output 0 255
COlor Saturation +34
Unsharp Mask 300 0.3 0
Et voila:
http://www.dphoto.us/forumphotos/data/500/gparrraw.jpg
hsd31
05-12 10:04 AM
Please search the forums. This has been discussed multiple times (and frowned upon by some multiple times :)). The gist of it is: it is not your qualifications, but the Job requirements that determine if it is EB2 or EB3. Also, you cannot count the experience you have gained with your employer when filing for GC with the same employer. Moreover, since the July 07 fiasco, EB2 filings for tech jobs are been closely looked at by USCIS and can be subject to a Business Necessity RFE, unless the position is on the Managerial side of things. The best advice I can give you is: Consult with your lawyer since each case is unique and there could be justification for a port in certain cases.
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