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ramus

06-22 04:40 PM

You can go to AAA if you have their membership..You will get it for free.

IF you save some money, pleasr think to contribute to IV..

Thanks.



Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?

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arnet

10-26 02:34 PM

Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.

if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.

Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.


Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.


They took her original 797 approval notice away....it did confuse her and also me.

She just got her stamped passport back in courier yesterday, but there was no 797 with it.

Should we contact the consulate for it?

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vjkypally

06-02 01:14 PM

It was just for me, primary applicant. They asked for my status from 1999 to 2004 including my I-20, 797's etc and also I-94 and EVLDid u receive rfe for both applications are just the prime application (assuming you).

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keepwalking

05-21 12:22 PM

Thank you very much for your prompt reply.

Please let know if you took infopass appointment or help from Congressmen to push for your wife's I485 processing

Filed at : Nebraska Service Center

For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th

My Wife was on EAD/OPT based on her student visa (and not on H4)

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shana04

08-14 03:49 PM

Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?


No you don't have to wait. find new employer and file a case on your employer.

According to H1, no matter he has to pay you.

Ultimately he can recover money from vendor, but he is deniying pay to you.

other frineds have suggested so just follow them.

good luck. I know the pain. sorry for you.

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ysiad

08-10 11:31 PM

One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?

Thanks.

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rkotamurthy

09-30 12:13 PM

Bump ^^^

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arnab221

11-21 03:09 PM

The airlines generally take them away and send it to USCIS.

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mnq1979

10-23 10:39 AM

Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?

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crazyghoda

02-23 06:36 PM

Its really bad out there.... take it from someone who was just laid off. It took me around 2 months to get a new job and that too at a lower salary and in a neighboring city where I am now faced with a 2 hour commute each way. So no, its definitely not as rosy as you think.

That being said, if you are good at what you do you will find a job. It may take a while but if you are truly good then you will be ok. I completely understand the need to maintain salary levels to ensure career progression. That was the main reason I left my original GC sponsoring employer who while being great with everything else, just wasnt a good enough paymaster and that led folks to believe I wasnt really that good when I would mention the work I was doing. In hindsight, I wouldnt have had to scramble like this if I had stuck it out at my old place. But c'est la vie.

As some folks mentioned, try and get a feel of the market. Attend as many face to face interviews as you can and refine yourself as you go along. And dont accept anything in haste. A good thing is that a lot of recruiters told me that when the market gets better all the folks who were forced to take paycuts will easily be able to justify the lower salaries they were forced into accepting at that time. So, even if you do have to take a paycut, it wont hurt you for long as long as you change jobs when the market gets better.

Good luck!

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p_kumar

12-04 11:09 PM

Eyes already on citizenship!. appreciate your optimism.:D

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dallasdude

09-25 10:24 AM

http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

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lazycis

12-17 10:49 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

The USCIS cannot do that. They are required to provide a reason for the denial by regulations. I've never seen a NOD without a letter with an explanation.

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add78

06-08 08:21 AM

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JunRN

01-27 06:42 AM

With the July filers coming into the picture, I think TSC and NSC will stick to the current trend. TSC will still be processing i-140 within 6 months and NSC within 10 to 12 months.

However, it will be totally different matter for i-485 as USCIS will prioritize processing those with "current" PD.

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pasupuleti

05-11 11:55 AM

Do you have the phone number?
Do we have to listen to the program to get the phone number?

Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR’s talk show “Talk of the Nation.” They’ll be looking for people to call in with their stories.

All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.

STAND UP AND SPEAK UP.

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Munna Bhai

12-17 01:47 PM

Sorry I was away from my computer for a while.

Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.

It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

Hope Lawyer comes out with something.

THank you all
Great help and moral support from all of you at Immigration VOice.

Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.

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eb3_nepa

08-10 05:10 PM

May be he or she has a spouse whose birth country is non retrogressed .. :)


Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.

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centaur

02-09 10:51 AM

Good points

In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.

Place trust in your core team. They are working on things that we can not know about.

But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?

* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.

Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me


* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.



* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.

The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.

You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.

Lets pull together on this.

FWIW
I'm EB3 - ROW

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go_guy123

08-24 04:52 PM

ILW.COM - immigration news: Ninth Circuit In Herrera v. <em>USCIS</em> Rules That Revocation Of I-140 Petition Trumps Portability (http://www.ilw.com/articles/2009,0825-mehta.shtm)

Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
by Cyrus D. Mehta

As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).

Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.

Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.

A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.

In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.

At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�

The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8

Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.

Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10

�Question 11. When is an I-140 no longer valid for porting purposes?�

Answer: An I-140 petition is no longer valid for porting purposes when:

1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�

It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.

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NIW

08-30 05:33 PM

We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.

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