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I would like to share my I485 experience.

1.Brief History and Denial reason.

Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.

it was denied due to clear error.

2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.

Wrote letter seeking help of senator explaining situation.

Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

Did finger printing in May.

Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.

I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


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They have special love for 45 days. recently they have come with 45 days expiry days for the labor, How insane a dept. can be , this is a perfect example !!!!!

I wonder why they didn't write
9+10 = 45

At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


-Nola

I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

I think you will need to pay USCIS when you apply for citizenship :D

Apparently the session is in progress; started at 11:30 am EST.

Go to websites such as ZAZONA.com and numbersusa.com and check out their arguments that they use to oppose H1b and EB-greencards. You are saying the same thing and feeding into those arguments by using the word "Slavery".

And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.

Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.

--logiclife.

Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)

Best of luck to all!

MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)

As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...

Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

:)

I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??

Don't point to websites, its just too much reading and the HR might get the illusion that the process involves too much work whereas its not that bad..

I was in similar situation five years ago, all I did was during my final interview with HR I requested them and was able to refer an attorney. The attorney did a good job of preparing the documents and providing rosy sticky tags for HR's signature. That made HR's and manager's life so easy. In return, I'm the medium between my attorney and HR. So, you will have to sell it to HR and engg. manager that "its no big deal"....

good luck,

H1B - LCA Related Issues - How can we save ourselves ???

HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.

I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.

** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.


Please throw your suggestions to make our H1 system clean and save H1 employees.

A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.

Between, called up 5 congressmen/ women today..

Ok..So now that I have your attention, I can say how I feel about our top priority right now.

Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.

For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387

I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.

But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.

I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?

I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).

IV has united us. Now lets show the strength of our unity.


Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.

I insist that the name of the person who used profane language on IV website be revealed. It is a serious and urgent issue. Such people must be exposed for the public good.

what do u mean by approved labor not signed??

Labour approval is approved by DOL .
It needs to be attached to 140 application.
140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
485 is to signed by you or by attrnoney in case a G 28 is signed by you

is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?

My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

Your early response helps me take a decision.

I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.

One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!

Folks

Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?

Should then one consider using their AP instead?

Cheers.

neverbefore

I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...

This petition is asking for a proposal to move ahead in line for the Green Card process. This is not asking for any extra quota. So basically this is not going to reduce the queue. Just give priority to someone who buys a house.

Am i missing something?

I just feel we should be asking for more than move up the line.

He has mentioned EB3, India

I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

1) Is it safe to change one's residence(different state) ?

2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

Thanks


It is advisable not to move until you get fingerprinting notice.

The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.

I pledge to contribute $200 once I get the receipt notice

C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?

You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D