FUNTIMES
08-20 11:08 AM
I am also in the same situation. My GC has been approved on August 5th 2008 and my wife's case is still pending, with no LUD. Did anyone else receive any approval.
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toprasad
06-10 12:39 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
raj2007
02-18 10:32 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
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reachinus
10-31 12:40 PM
I am not sure what you want to say over here...
I told you are wrong in saying that they may issue the I-94 till the expiry of the Visa Stamp.
Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).
I told you are wrong in saying that they may issue the I-94 till the expiry of the Visa Stamp.
Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).
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aph0025
11-12 10:36 AM
Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.
jonty_11
11-15 01:41 PM
Yes, I94 is a part of ur new H1 (at teh bottom)...so u can go to Canada Mex using that and enter back into US within 30 days....
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India76
07-17 06:25 PM
India76,
U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
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vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
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mhathi
04-15 04:35 PM
Heartiest Congratulations!
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kaizersoze
03-21 12:32 PM
just noticed up the thread that there was a conf call held already. pankaj,
could you pls share the details.
could you pls share the details.
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ksiddaba
07-14 06:40 PM
Dallas, TX
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amitjoey
02-01 04:45 PM
Congrats!
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delhirocks
07-05 06:36 PM
First off, thanks for the response guys.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?
My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.
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Green.Tech
08-06 12:53 PM
In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I am sorry to learn that your employer backed down on its contract. Thanks for your input.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I am sorry to learn that your employer backed down on its contract. Thanks for your input.
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greencard_fever
08-04 04:45 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
I have checked with one of my co-worker who has two different A#'s too..is this is common..any way i am going to call USCIS and ask them
I have checked with one of my co-worker who has two different A#'s too..is this is common..any way i am going to call USCIS and ask them
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pappu
04-16 10:46 AM
Admins,
Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.
I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.
Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.
I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.
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chaituk
10-21 11:42 AM
Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.
My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?
My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?
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REEF�
06-08 07:57 PM
tsk tsk, voting for yourself :bad:Like I was gonna win this is a huge poll I might as well have done it :lol:.
I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.
I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.
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maristella61
02-27 09:28 AM
If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
gc_on_demand
06-13 04:15 PM
Please call..
Macaca
08-10 04:25 PM
A woman who was traveling alone in the mountains found a precious stone in a stream.
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
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