morchu
05-04 02:02 PM
Please be aware that logic and emotions doesnt matter much for this.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
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learning01
05-10 11:48 AM
immi2006
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
willy007
10-20 08:35 PM
The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
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desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
more...
aamchimumbai
08-04 08:44 PM
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,
When you say similar situation....
.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?
Thanks
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Hello a1b2c3,
When you say similar situation....
.....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?
Thanks
kumar.yerr
12-15 05:36 PM
I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.
I do have a genuine job and had been working for the same client since the day I started working in the US..
VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.
Below is conversation:
1) DS-156, 157 & Passport
A) I handed him those docs.
2) Are you returning to the same job?
A) Yes sir
3) Can I see the client letter?
A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.
Couple of questions:
1) Should i drop my passport along with all other documents?
2) What is the success rate and
3) Why do they usually issue an Yellow slip?
Any help is greatly appreciated..
Thanks and Regards..
I do have a genuine job and had been working for the same client since the day I started working in the US..
VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.
Below is conversation:
1) DS-156, 157 & Passport
A) I handed him those docs.
2) Are you returning to the same job?
A) Yes sir
3) Can I see the client letter?
A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.
Couple of questions:
1) Should i drop my passport along with all other documents?
2) What is the success rate and
3) Why do they usually issue an Yellow slip?
Any help is greatly appreciated..
Thanks and Regards..
more...
aray
09-16 02:48 PM
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
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eb3retro
08-08 07:33 PM
^^^^^
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dollar500
11-19 05:48 PM
I had a strange situation. I checked on the case status site to see if there is any update on my case. I am a July 2 filer with EAD plus FP. The earlier update date was 9/2/2007. I checked there it says that it's updated as 11/1/2007, when I reread it I didn't notice anything different. Can anybody shed some light?
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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rajuram
11-04 09:19 PM
I don't think that is possible......unless you filed it and it got returned...
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
more...
whereismygclost
06-17 05:42 PM
Hi sk.aggarwal,
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
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eb2_immigrant
06-15 04:17 PM
USCIS Proc Times Update 06/15/09
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
more...
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zofa30
09-13 02:40 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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fromnaija
01-23 10:39 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.
more...
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sdrblr
09-09 10:21 AM
I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)
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Madhuri
07-11 06:00 PM
I can make some calls.
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
more...
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Refugee_New
04-08 11:58 AM
I called the TSC IO a few times and finally it got cleared. Yes my PD is current and I wish the case gets assigned to some one soon.
These IO's knows nothing and they talk all bullshit. They keep on changing the story whenever you call them. Thats what happened in my case.
In Feb '08 my NC was pending
Mid Feb' 08 NC cleared
March 1st, NC pending
March 15, NC cleard and good to go
March 26, NC pending and waiting to be assigned to officer
April4th, NC pending and still waiting to go to an officer.
These IO's knows nothing and they talk all bullshit. They keep on changing the story whenever you call them. Thats what happened in my case.
In Feb '08 my NC was pending
Mid Feb' 08 NC cleared
March 1st, NC pending
March 15, NC cleard and good to go
March 26, NC pending and waiting to be assigned to officer
April4th, NC pending and still waiting to go to an officer.
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kaisersose
10-28 11:40 PM
We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.
Can anyone let me know what documents are required to show up at SSN office while applying SSN.
Thanks,
Sury
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Can anyone let me know what documents are required to show up at SSN office while applying SSN.
Thanks,
Sury
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
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pkv
02-07 05:04 PM
97 views... and no response..
has nobody filed EAD by self and after filing I-485???
has nobody filed EAD by self and after filing I-485???
goel_ar
04-24 12:36 PM
I am waiting for my wife's notification. Nothing yet.
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
sam_hoosier
06-22 04:45 PM
If you have AAA membership, try them, they do it for free for 1 set typically.
You may have to go in the hours stipulated by them.
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
You may have to go in the hours stipulated by them.
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
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