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  • reverendflash
    10-21 04:05 AM
    graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:

    But I digress, I'm a little testy due to the Giants' loss tonite... :evil:


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  • abhi2001
    02-24 04:06 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.

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  • nandakumar
    05-15 12:43 PM
    Great job Learning01.

    Media publicity will definitely have a positive impact to our cause.

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  • Lollerskater
    09-26 12:03 PM
    Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.

    Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.

    are u saying fragomen is no good?

    In no way, good sir. They are awesome in my books.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.

    I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.

    I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.

    I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.


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  • chanduv23
    03-31 01:55 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

    The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.

    The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.

    You are so close to GC - why take risks?

    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

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  • cdeneo
    06-18 02:07 PM
    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!


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  • bekugc
    04-02 11:22 AM
    hi dhundhun,

    this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.

    in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.

    Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.

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  • brij523
    02-28 06:14 AM
    Thanks you


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  • MrWaitingGC
    06-01 07:12 PM
    One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.

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  • ivar
    02-17 09:26 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

    Dear Virgina Desi,

    Congratulations, enjoy your card and stay in US. All the best for future.

    I have a small question,

    My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.

    Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?



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  • goel_ar
    12-20 11:39 AM

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  • desiron
    08-08 08:29 PM

    I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used.



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  • danu2007
    07-12 11:25 PM
    Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.


    so far only 2037 signatures..needs 5000 or more signatures

    Update: The site says the number is 6379..Thanks for all those who signed the petition.If you haven't signed please sign..

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  • Kumbakonam
    11-09 09:11 PM

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.


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  • bombay_masala
    06-18 01:09 PM
    What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?

    Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).

    With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.

    (i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)

    485 receipt number
    Alien Registration number from I140 approval (if its already done)
    Employment letter from the new employer with title/function same/similar to labor application
    Job functions from approved labor/I140 to get the above

    (ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)

    A copy of I140 approval
    A copy of labor certification

    (iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)


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  • sriniks
    12-07 06:01 PM
    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

    Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

    I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.



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  • kumhyd2
    05-19 04:51 PM
    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.

    I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.

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  • sertasheep
    08-23 09:42 PM
    Dear IV Members,

    We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.

    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Added 08/26/2006: <<Country of citizenship>>:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.


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  • yabadaba
    06-20 09:23 AM
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    07-11 11:40 AM
    Yes, you are right partially.. only if we over do it.

    This is not over doing... This is just to keep up the momentum... dont want to loose it.

    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.

    November 30th, 2008, 06:41 PM
    Owen, when did you go over to the dark side? :eek: