venram
01-03 01:16 PM
Folks,
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.
If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.
If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.
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raviram1980
01-15 07:12 AM
Hi All,
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
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mrajatish
03-25 12:06 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
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wandmaker
11-27 08:06 AM
ultimate_champ: If your receipt notice's "receipt date" has August 03, 2007 then you can avail AC21 after 180 days from that date. I guess, your attorney is trying to play it safe or playing with you.
more...
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Dhundhun
06-14 03:07 PM
Hi Guys,
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
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hopesoon
09-02 12:39 PM
I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.
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shana04
01-26 12:26 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
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Can someone please confirm.
one thing to notice is that you get soft lud's with in one week
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mkumar
03-31 06:21 PM
To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 9th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 9th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
more...
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bestia
07-31 05:06 PM
Many lawyers charge companies hourly and usually big rates (usually regardless of how good the lawyer is and how simple your case is). Lawyers usually charge for every phone call and for every e-mail. So the employer might start worrying that your contacts might cost him a lot. Usually the respectable lawyer will not discuss anything with you directly if his client is your employer.
Just an advise for those who have an option: hire your own lawyers, you will see how different your case will go. Even if you have to pay them out of your pocket - it's worth it.
Just an advise for those who have an option: hire your own lawyers, you will see how different your case will go. Even if you have to pay them out of your pocket - it's worth it.
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nogc_noproblem
06-27 01:47 PM
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
more...
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akred
07-05 01:29 PM
Ask them what the exact restriction is. It could be something as simple as needing a copy of your driver's license.
This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.
This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.
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calboy78
08-10 07:16 PM
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
more...
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GCBy3000
02-12 02:36 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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chantu
01-15 12:40 PM
I have one question that I will post here. I do not want to open a new thread.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
Can somebody throw light on this?
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
Can somebody throw light on this?
more...
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Prashanthi
05-08 02:27 PM
Go ahead and do it, that will not effect your present I-140 and I-485.
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jigsaw
02-19 08:30 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
more...
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InTheMoment
03-01 10:34 PM
That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?
In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.
In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.
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Eb3Pro
01-25 11:03 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
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nkavjs
09-25 02:12 PM
me 2
Singer
10-21 11:10 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
fromnaija
01-11 02:58 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
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