Singer
11-22 08:33 AM
Hello VictimOfGc,
Thank you for your first reply.
I gad lost my password and read your previous post only yesterday.
As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.
Friday the 13th we received our green cards!
Thank you for your first reply.
I gad lost my password and read your previous post only yesterday.
As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.
Friday the 13th we received our green cards!
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immguser
01-07 01:46 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
Hi,
Can you send me your Credentials Evaluator. I am also in the same boat 3 year diploma with 3 Year Engineering Degree.
Thanks,
ImmiUser
Hi,
Can you send me your Credentials Evaluator. I am also in the same boat 3 year diploma with 3 Year Engineering Degree.
Thanks,
ImmiUser
Dipika
08-04 09:07 AM
Signature is updated.
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Beemar
10-04 09:04 PM
Congratulations.
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
more...
thakgaya
03-30 05:53 AM
The approved 140 were from different companies. I got the update in 2 days after my attorney responded to the RFE.
watzgc
05-27 05:29 PM
my receipt date is Jul 14th 2007 , got RFE Mar 09th 2008 and replied to RFE Apr 09th 2008 and still waiting.... wat say with u all waiting just 4-5 monts.. thanks,
more...
pom
10-02 06:11 PM
Nice one, Flex. But I couldn't dowload the fla :*(
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vin13
04-08 12:08 PM
I am not trying to be rude. but really we should use some common sense. If you are visiting another state within US why would you need a visa? If you are still not sure check with the cruise ship customer service.
All i am trying to say is do not post a question until you have put some effort to get your answer by yourself.
All i am trying to say is do not post a question until you have put some effort to get your answer by yourself.
more...
GCFISH
07-17 05:47 PM
All,
I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
more...
jeda
10-26 06:36 PM
Thanks everybody for the responses.
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chirutha
09-26 05:15 PM
Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.
more...
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h1bmajdoor
04-22 08:43 AM
hello dears.
a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".
i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.
i asked an immigration lawyer about this.
this practice is illegal and basically to intimidate you.
the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.
since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.
http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf
"Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."
http://www.desicrunch.com/Articles/SlumberingGiant.html
a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".
i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.
i asked an immigration lawyer about this.
this practice is illegal and basically to intimidate you.
the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.
since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.
http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf
"Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."
http://www.desicrunch.com/Articles/SlumberingGiant.html
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mhtanim
06-08 02:44 PM
Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009
My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009
My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.
more...
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snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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snathan
04-30 04:30 PM
http://www.murthy.com/news/n_cisdis.html
more...
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MDix
01-26 04:35 PM
Voted.
Thank's
MDix
Thank's
MDix
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gokhale35
03-01 11:22 AM
[QUOTE=Can2004;227413]Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
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stucklabor
02-04 04:51 PM
Behind Bush's New Stress on Science, Lobbying by Republican Executives
Article Tools Sponsored By
By JOHN MARKOFF
Published: February 2, 2006
SAN FRANCISCO, Feb. 1 � President Bush's proposal to accelerate spending on basic scientific research came after technology industry executives made the case for such a move in a series of meetings with White House officials, executives involved said Wednesday.
In his State of the Union message Tuesday evening, Mr. Bush called for a doubling within 10 years of the federal commitment to "the most critical basic research programs in the physical sciences."
The president's science adviser, John H. Marburger III, said Mr. Bush would request $910 million for the first year of the research initiative, with a commitment to spending $50 billion over 10 years.
Computer scientists have expressed alarm that federal support for basic research is being eroded by shifts toward applied research and shorter-term financing. But in his speech, Mr. Bush pointed to work in supercomputing, nanotechnology and alternative energy sources � subjects that were favorites in the Clinton administration but had not been priorities for the current White House.
What was different this year, according to a number of Capitol Hill lobbyists and Silicon Valley executives, was support on the issue by Republican corporate executives like Craig R. Barrett, the chairman of Intel, and John Chambers, the chief executive of Cisco Systems.
Industry officials eager to see a greater government commitment to research held a series of discussions with administration officials late last year that culminated in two meetings in the Old Executive Office Building on Dec. 13.
There, a group led by Mr. Barrett and Norman R. Augustine, a former Lockheed Martin chief executive, met with Vice President Dick Cheney. A second group headed by Charles M. Vest, the former president of the Massachusetts Institute of Technology, met with Joshua B. Bolten, director of the Office of Management and Budget.
The industry and science leaders told the officials that the administration needed to respond to concerns laid out in a report by a National Academy of Sciences panel headed by Mr. Augustine. It warned of a rapid erosion in science, technology and education that threatened American economic competitiveness.
The report, "Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future," has been circulating in draft form since October. It was put together by a group of top technology and science leaders, who say the country faces a crisis that the Bush administration is ignoring.
"The gravitas of that group," Dr. Vest said, "has a lot to do with how we got as far as we did."
Still, even after the meetings, the executives and educators were not certain that the administration would respond. So President Bush's proposal on Tuesday night came as something of a surprise.
Albert H. Teich, director of science policy for the American Association for the Advancement of Science, the nation's largest professional organization for scientists, called Mr. Bush's proposal "a breath of fresh air."
"We haven't seen this interest in basic research from this president before," Mr. Teich said. "We in the science community have talked about the state of basic research for quite a while, with its flat or declining budgets, and we are hopeful about this initiative."
Mr. Barrett of Intel, according to people who worked with him, had grown particularly frustrated with the lack of progress on the matter.
In a speech to the National Academy of Engineering in October, in which he described the findings of the Gathering Storm report, Mr. Barrett said: "If you look at the achievement of the average 12th-grade student in math and science, which is of interest to us here, that 12th-grader in the U.S. ranks in the bottom 10 percent among their international peers. I think it is incumbent upon all of us to look at that report and help raise our voices collectively to our local officials, state officials and national officials."
The executives said that the administration had also been induced to respond by a growing bipartisan movement in Congress supporting basic research and education.
Two bills tackling this matter have recently been introduced. One is the Protect America's Competitive Edge Act, by Senators Pete V. Domenici, Republican of New Mexico; Jeff Bingaman, Democrat of New Mexico; Lamar Alexander, Republican of Tennessee; and Barbara A. Mikulski, Democrat of Maryland. A similar bill was introduced by Senator Joseph I. Lieberman, Democrat of Connecticut. Several of the senators met with President Bush in December to encourage him to support the competitiveness legislation.
"We're excited the president has jump-started this and that it is very bipartisan," Dr. Vest said.
Now the technologists and the educators are waiting to see the specifics of the financing when the president's budget is introduced next week. The report had called for an annual 10 percent increase over the next 10 years, and several executives said they now expected a rise of 7 percent annually, putting annual spending around twice the current level in 10 years.
Peter A. Freeman, the National Science Foundation's assistant director for computer and information science and engineering, said the president's initiative would make a big difference.
"We're obviously not at liberty to say what will be in the president's budget next week," Mr. Freeman said, "but we're very hopeful based on the State of the Union address. This is a strong sign that this administration will continue to be very supportive of fundamental science and engineering."
Despite there being little detail yet with precise figures, even those who had been publicly critical of the administration were enthusiastic.
"This is really a huge deal and I'm very encouraged," said David A. Patterson, a computer scientist at the University of California, Berkeley, who is president of the Association for Computing Machinery, a professional group.
At the same time, though, Mr. Patterson was concerned that the president's proposal to double funds for basic research drew little applause from the Congressional audience on Tuesday night. "It just shows the challenge we have," he said. "It wasn't obvious to the legislators."
Warren E. Leary contributed reporting from Washington for this article.
Article Tools Sponsored By
By JOHN MARKOFF
Published: February 2, 2006
SAN FRANCISCO, Feb. 1 � President Bush's proposal to accelerate spending on basic scientific research came after technology industry executives made the case for such a move in a series of meetings with White House officials, executives involved said Wednesday.
In his State of the Union message Tuesday evening, Mr. Bush called for a doubling within 10 years of the federal commitment to "the most critical basic research programs in the physical sciences."
The president's science adviser, John H. Marburger III, said Mr. Bush would request $910 million for the first year of the research initiative, with a commitment to spending $50 billion over 10 years.
Computer scientists have expressed alarm that federal support for basic research is being eroded by shifts toward applied research and shorter-term financing. But in his speech, Mr. Bush pointed to work in supercomputing, nanotechnology and alternative energy sources � subjects that were favorites in the Clinton administration but had not been priorities for the current White House.
What was different this year, according to a number of Capitol Hill lobbyists and Silicon Valley executives, was support on the issue by Republican corporate executives like Craig R. Barrett, the chairman of Intel, and John Chambers, the chief executive of Cisco Systems.
Industry officials eager to see a greater government commitment to research held a series of discussions with administration officials late last year that culminated in two meetings in the Old Executive Office Building on Dec. 13.
There, a group led by Mr. Barrett and Norman R. Augustine, a former Lockheed Martin chief executive, met with Vice President Dick Cheney. A second group headed by Charles M. Vest, the former president of the Massachusetts Institute of Technology, met with Joshua B. Bolten, director of the Office of Management and Budget.
The industry and science leaders told the officials that the administration needed to respond to concerns laid out in a report by a National Academy of Sciences panel headed by Mr. Augustine. It warned of a rapid erosion in science, technology and education that threatened American economic competitiveness.
The report, "Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future," has been circulating in draft form since October. It was put together by a group of top technology and science leaders, who say the country faces a crisis that the Bush administration is ignoring.
"The gravitas of that group," Dr. Vest said, "has a lot to do with how we got as far as we did."
Still, even after the meetings, the executives and educators were not certain that the administration would respond. So President Bush's proposal on Tuesday night came as something of a surprise.
Albert H. Teich, director of science policy for the American Association for the Advancement of Science, the nation's largest professional organization for scientists, called Mr. Bush's proposal "a breath of fresh air."
"We haven't seen this interest in basic research from this president before," Mr. Teich said. "We in the science community have talked about the state of basic research for quite a while, with its flat or declining budgets, and we are hopeful about this initiative."
Mr. Barrett of Intel, according to people who worked with him, had grown particularly frustrated with the lack of progress on the matter.
In a speech to the National Academy of Engineering in October, in which he described the findings of the Gathering Storm report, Mr. Barrett said: "If you look at the achievement of the average 12th-grade student in math and science, which is of interest to us here, that 12th-grader in the U.S. ranks in the bottom 10 percent among their international peers. I think it is incumbent upon all of us to look at that report and help raise our voices collectively to our local officials, state officials and national officials."
The executives said that the administration had also been induced to respond by a growing bipartisan movement in Congress supporting basic research and education.
Two bills tackling this matter have recently been introduced. One is the Protect America's Competitive Edge Act, by Senators Pete V. Domenici, Republican of New Mexico; Jeff Bingaman, Democrat of New Mexico; Lamar Alexander, Republican of Tennessee; and Barbara A. Mikulski, Democrat of Maryland. A similar bill was introduced by Senator Joseph I. Lieberman, Democrat of Connecticut. Several of the senators met with President Bush in December to encourage him to support the competitiveness legislation.
"We're excited the president has jump-started this and that it is very bipartisan," Dr. Vest said.
Now the technologists and the educators are waiting to see the specifics of the financing when the president's budget is introduced next week. The report had called for an annual 10 percent increase over the next 10 years, and several executives said they now expected a rise of 7 percent annually, putting annual spending around twice the current level in 10 years.
Peter A. Freeman, the National Science Foundation's assistant director for computer and information science and engineering, said the president's initiative would make a big difference.
"We're obviously not at liberty to say what will be in the president's budget next week," Mr. Freeman said, "but we're very hopeful based on the State of the Union address. This is a strong sign that this administration will continue to be very supportive of fundamental science and engineering."
Despite there being little detail yet with precise figures, even those who had been publicly critical of the administration were enthusiastic.
"This is really a huge deal and I'm very encouraged," said David A. Patterson, a computer scientist at the University of California, Berkeley, who is president of the Association for Computing Machinery, a professional group.
At the same time, though, Mr. Patterson was concerned that the president's proposal to double funds for basic research drew little applause from the Congressional audience on Tuesday night. "It just shows the challenge we have," he said. "It wasn't obvious to the legislators."
Warren E. Leary contributed reporting from Washington for this article.
dc2007
07-24 10:59 PM
I have seen in this form that lot of people have filed I-485 by themselves after having a hard-time with lawyers. I am also thinking to do the same. But I want to make sure if it is possible in my case.
Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:
1. I have just receipt no. of Labor and I-140.
2. All the documents are with my attorney which is hired by my employer.
Can I still file I-485 by myself ?
Thanks
Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:
1. I have just receipt no. of Labor and I-140.
2. All the documents are with my attorney which is hired by my employer.
Can I still file I-485 by myself ?
Thanks
gc_check
06-29 01:33 PM
Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
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