pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
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buehler
12-10 07:20 AM
If you have been in the US for more than 1 year, you are a resident of the US and not any particular state in India. You are free to go to any Consulate in India. Even though I was previously a resident of AP, I have been able to get successful stamping in New Delhi.
cableman
06-12 03:37 PM
Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
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srikanth003
02-28 10:59 AM
Yeah, thinking of the same. Hopefully will make a decision soon. Thanks much for your timely answers. Greatly appreciated.
more...
SertTurk
12-30 01:18 AM
hello,
My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.
What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.
What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
gc_chahiye
08-12 01:20 PM
read the approach called 'bridging' (last paragraph) here:
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
more...
leena_k
06-29 01:18 PM
This is so SAD!!!
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immi2006
07-01 08:14 AM
Hi,
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
more...
rajmehrotra
10-19 09:46 AM
one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
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balslc
09-24 08:24 AM
Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
more...
solaris27
06-05 04:41 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
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BostonGCVictim
04-07 03:19 PM
Legal or illegal, NumbersUSA gang doesn't care. They just want foreigners out. If they had their way they would stop immigration tomorrow. While other countries are increasing legal employment based immigration they're trying to shut it down here. They'll realize their folly only when it's too late.
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somegchuh
07-11 07:08 PM
It took a little over 3 months for my H1 to get renewed but I wouldn't base anything on this. Its govt... if they feel like working they will approve yours in 3 weeks and if they don't you can read Bose's issue. I have lost all respect for functioning of govt.
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milmuk
08-24 06:47 PM
Hello experts,
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
more...
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GCDream
07-08 08:20 AM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
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dummgelauft
11-01 03:59 PM
It is a good sign, you are still in the system!!
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
more...
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immigal
08-13 06:26 PM
Called USCIS.
Current Immigration status will be same as what u entered US on. SO H1B for me..
Hope this helps more people trying to find this answer.
Current Immigration status will be same as what u entered US on. SO H1B for me..
Hope this helps more people trying to find this answer.
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vnsriv
07-05 12:53 PM
Thanks
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chanduv23
11-02 09:40 AM
I am in IT and my wife is doing her first year residency and both are on h1b. We are looking for a good legal counsel regarding our future like avenues forr fellowship, etc...
Any suggestions??
Any suggestions??
sympa21
05-16 05:49 PM
Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
An estimation will be much appreciated thank you very much.
An estimation will be much appreciated thank you very much.
Kowsik9002
04-18 03:56 PM
With EAD, or AP for travel, it is important to apply renewal of documents exactly 120 days prior to current document�s expiration date. If you file the renewal application earlier than 120 days prior to expiration, the USCIS may deny the application. In your case, if AP expires July, then return before the date to avoid issues. Plus, if EAD is current, then there should be no problem with entering U.S again. I am out of work and not risking it with out of country travel. Check with lawyer. That is important. Two years back, I returned with AP and faced questions at the airport. Check with lawyer before leaving. Why we do these hoop is known only to the almighty. Better to love someone here and settle with life. I am exhausted with all such documents. I have delayed marriage for GC.
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