martinvisalaw
07-16 03:00 PM
Hi,
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
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vine93
10-16 08:48 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
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morchu
05-04 04:37 PM
That I agree.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
more...
chanduv23
07-13 07:38 AM
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
Can you tell more about your organization, maybe you must merge with IV, more numbers more strength.
Contact IV core.
http://www.immigrantslist.org/page/petition/Chertoff
Can you tell more about your organization, maybe you must merge with IV, more numbers more strength.
Contact IV core.
morchu
05-04 12:21 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
more...
singhsa3
11-04 12:28 PM
Remind me again, why do we pay these attorney big dollars for??
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.
Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?
Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.
If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.
Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?
Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.
If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.
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smartboy75
10-17 03:51 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
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whiteStallion
03-04 07:52 PM
You can also expand your family .
This is the best advice I've seen :p:p:p
This is the best advice I've seen :p:p:p
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eb2_immigrant
04-28 06:32 PM
I truly believe India IS a developed country.
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
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SlipperyGC
03-28 06:26 PM
Maybe this is something we can propose.
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geniousatwork
08-14 01:22 PM
Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.
more...
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arihant
07-05 12:19 PM
Hi Guys,
We have do it in a smart way. We need to get the atten of media.
Send the flowers on july 10th. If lot of people do this the media will cover this.
Just my idea.
Thanks,
Chandra.
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
We have do it in a smart way. We need to get the atten of media.
Send the flowers on july 10th. If lot of people do this the media will cover this.
Just my idea.
Thanks,
Chandra.
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
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desi3933
06-24 07:51 AM
are you sure that the dates can retrogress by july 15???
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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pappu
12-17 03:42 PM
2001 - dot com bubble burst;
2008 - finance bubble burst;
Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
2008 - finance bubble burst;
Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
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myimmiv
12-17 02:58 PM
Its Dulles International Airport (IAD) in Virginia
Thanks. I was thinking it is Denver International Airport (DIA) for which I am looking for responses from members, since my wife will enter at DIA.
Thanks. I was thinking it is Denver International Airport (DIA) for which I am looking for responses from members, since my wife will enter at DIA.
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Prashanthi
08-27 02:17 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
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calvinhobbes
01-22 06:30 PM
Thank You IV core group for the great work you guys are doing. We are always with you and we support you.
Thank you so much once again!!
Thank you so much once again!!
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Anil_s
07-01 02:19 PM
Hi Ari,
Generally the L1 is approved for 3 years.Why it was 1 year in my case?
Anil
Generally the L1 is approved for 3 years.Why it was 1 year in my case?
Anil
jindal_sanjeev
06-23 03:12 AM
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
AmitBohra
04-17 10:23 AM
Hi Gurus,
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
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