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  • ashkam
    10-24 02:41 PM
    Thank you. I don't think there's such a thing for I-140 probably because things are not as complex as they are for an I-485. They just check for a valid labor certification wherever necessary, experience letters and the company's ability to pay, that's it.




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  • augustus
    09-06 01:22 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska




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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks




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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.



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  • payal_nag
    12-07 04:58 PM
    Hi,
    I had a somewhat similar situation, had to get my name changed on the passport to my married name. Its been 2.5 weeks since I sent everything to Indian Consulate , SF and have not received my new passport back. I have had to cancel my travel plans as well as my appointment at the new delhi consulate.

    So please keep ample provision for the passport to come back when making travel plans.

    - payal




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  • Cheetah5
    01-28 12:03 AM
    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..



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  • ghost
    09-21 04:38 PM
    Thanks! guys.....All in the same boat then....Screwed.....

    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!




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  • sam_hoosier
    07-19 02:11 PM
    Try this -

    http://www.uscts.com/?gclid=CNnlr5GitI0CFQGPWAodl2zo0Q



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  • eb3_nepa
    01-25 03:53 PM
    Hi,

    I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.

    The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.

    I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.




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  • saketkapur
    08-18 06:40 PM
    filing ar-11 is mandatory so please do it.........

    also if your new job meets all the legal requirements then getting a RFE should not be an issue just a nag........

    I my experience RFE is generated in one of the following 2 cases:

    1. Filing AC21( I am against filing it as long its not requested by USCIS as its not mandatory and sometimes just triggers unwanted attention to your case......

    2. If your 140 is revoked by the previous employer....in this case you can bet that an RFE is going to be generated for sure if not worse like NOID etc...........In this case actually filing AC 21 might be a better option......

    Above is just my experience and every case is different....this is not legal advice in any way........
    if you want more clarifications feel free to PM me........

    but again file your AR-11 RFE or not............its mandatory.......



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  • Gravitation
    12-30 07:27 AM
    I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.


    EB2 was completely unaffected by 245(i) and had no reason to be stuck on Apr 01.
    EB2 being stuck around Jan 03 etc... could actually be a good news for EB3. Why? It means that the number of people who abandoned their EB3 PDs to escape retrogression and filed for EB2 is very large!
    The key thing to watch for India EB3 people is that PD should remain beyond May 1st, 2001. If it doesn' revert back to April, we can assume steady progress.
    All in all, I don't see any reason why Jan 2003 will have any -ve affect on EB3... it could be +ve though.




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  • maddipati1
    02-04 05:48 PM
    i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.

    Got a letter 2 days back saying,
    ' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.

    they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.

    they also enclosed an bright orange letter for expedite proc and asked me to place on top.
    the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
    im guessing in the pile of apps, they couldnt fetch mine :-(

    i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.

    to top all this, yesterday there was soft LUD on my case and again another one today.
    so i am guessing they located my application and started working on it.

    i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.

    while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.



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  • gg_ny
    09-24 08:54 PM
    I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!

    Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
    criminal records and get flagged.




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  • shree772000
    11-04 04:57 PM
    But I think it's thanks to CBN who pulled the consulate to Hyd when they were debating to have the consulate in Hyd or Bangalore. From what I know YSR govt just boomed up the realty prices but nothing else, though realty went up in other parts of the country too.

    PS: I'm not very sure but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)

    Thank you.


    Can CBN get us green cards too? :D



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  • freddy22
    04-24 09:54 PM
    yawn




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  • cvk90
    06-24 10:33 AM
    I asked this specific question to my lawyers..Its not true that you are OK as long as you file by July 31st...The dates can retrogress for month of July and then you won't be able to file application after that date. (e.g. after 15 July 07)...I am not an attorney myself but this is what was specifically told first hand to me.



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  • Sachin_Stock
    02-03 02:14 PM
    I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.

    if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!


    There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.

    Specially from the crappy source you had provided.




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  • EkAurAaya
    09-24 10:43 PM
    his question was will bad credit affect GC? answer is "no it wont"
    please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.

    Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!

    If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.

    Green_Card: Thanks for policing... :rolleyes:




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  • conchshell
    08-23 02:58 AM
    Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card

    NSC. BTW I too has a soft LUD on August 20th. I am sure you wil get it next day or two.




    yingli
    08-25 02:57 PM
    Thanks you all so much for the reply! I really appreciate it!

    How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

    I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

    I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

    YL




    Desiguy786
    04-02 03:35 PM
    Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!



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