ritu_raj
10-02 01:21 PM
I am intrested in knowing if you have received FP notice.
No FP notice yet...
No FP notice yet...
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unseenguy
06-16 11:07 PM
^^^^^^^^^
what about 221(g)?
what about 221(g)?
Canadian_Dream
08-20 04:21 PM
When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
Try the following:
1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
3. Keep back-ups of all documents in this regard.
This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
Try the following:
1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
3. Keep back-ups of all documents in this regard.
This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
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Saburi
02-13 10:08 AM
Friends,
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.
Please let me know
Thanks
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nrk
10-29 01:47 PM
Thanks rb,
Did you visit any country that might have triggered this?
I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.
Have you ever faced any issues with your last name being on no fly list?
No
Regards,
NRK
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
Did you visit any country that might have triggered this?
I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.
Have you ever faced any issues with your last name being on no fly list?
No
Regards,
NRK
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
swadeshi
08-31 07:47 PM
Its useless... How many senators, their voters or other decision makers watch those kannada, telugu or even rediff???
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
It is for all those people (the indian diaspora) who do log on to the online versions of their hometown newspapers to check local Indian news, it might be a pleasant surprise to see the news abt the rally out there!!!
Secondly won't you be inclined to be a part of the rally when your mom or dad friend or a cousin read the news back home and asked you " are you a part this movement" imagine all the non commital people saying ummm ummmm food for thought bloke!!:rolleyes:
An BTW I would bet that CNN, FOX and ABC would be forced to cover a rally of this magnitude...
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
It is for all those people (the indian diaspora) who do log on to the online versions of their hometown newspapers to check local Indian news, it might be a pleasant surprise to see the news abt the rally out there!!!
Secondly won't you be inclined to be a part of the rally when your mom or dad friend or a cousin read the news back home and asked you " are you a part this movement" imagine all the non commital people saying ummm ummmm food for thought bloke!!:rolleyes:
An BTW I would bet that CNN, FOX and ABC would be forced to cover a rally of this magnitude...
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vxb2004
11-09 11:06 PM
Mine was filed on July 17th at NSC with RD Sep 10th. It got transferred to TSC, I received EAD,AP for me and my wife but havent recd FP. Opened service request 3 weeks back of no avail....:confused:
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pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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bluekayal
08-29 05:25 PM
I came through SFO a few days ago. I was prepared to leave if told that I could not stay, (having lost my job last November and not having found another). I was asked if I was still working for the petitioner, I replied truthfully that I was not and that I was looking for another job. I was then told it was OK, and "welcome back".
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
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apb
09-01 05:06 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
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adibhatla
02-20 12:57 PM
Anil,
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
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girishvar
08-15 12:54 PM
Whether H! or EAD, if you are changing job it should be same or similar job classification. Using EAD is a blessing in disguise as there is no need to notify USCIS, unless there is a RFE. However, it is always better to inform USCIS and keep the job change in their file. It will help you when you travel on Adavnce parole. At POE, you need not fear to answer the question, whether you work for the same employer? you can answer saying you work for a new employer and AC21 has already been notified to USCIS.
Again the key is Same or similar occupation.
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
Again the key is Same or similar occupation.
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
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JunRN
12-18 03:07 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
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ndbhatt
05-30 05:55 PM
Done! Voted "yes"
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maximus777
05-30 03:15 PM
Voted YES. Mine was the 220th vote!
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nixstor
06-20 01:46 PM
My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.
Thats a lot of money for EAD & AP. The law firm might be charging 2 grand for your 485 and another grand for your spouse's 485. You dont need a lawyer for filing EAD & AP. You can file them youself along with the 485 application or after getting a receipt number from USCIS for your 485 application. Ask your law firm to prepare 485 for you and your spouse and return the application packet to you. You can sign it off, add your EAD & AP applications and send it to NSC. I supsect they would be willing to do so. By not giving them they would be forcing you to file EAD & AP through them, given that the fees for everything is going up from next month.
Thats a lot of money for EAD & AP. The law firm might be charging 2 grand for your 485 and another grand for your spouse's 485. You dont need a lawyer for filing EAD & AP. You can file them youself along with the 485 application or after getting a receipt number from USCIS for your 485 application. Ask your law firm to prepare 485 for you and your spouse and return the application packet to you. You can sign it off, add your EAD & AP applications and send it to NSC. I supsect they would be willing to do so. By not giving them they would be forcing you to file EAD & AP through them, given that the fees for everything is going up from next month.
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tabletpc
01-04 02:12 PM
Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
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Springflower
01-28 01:42 PM
We got FP notices for me & my wife on 01-25-08. Finger printing date is Feb 6th, 2008. Same date, same time for both of us. Just perfect!
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
We filed our I-485 application/EAD/AP on July 6th, 2007.
Ours is a transferred case (NSS-CSC-NSC).
Did not open any service request.
Looks like they started processing transferred cases.
People who have been waiting should be getting their FP notices now.
------------------------------------------------------------------
Contributed $300 so far..
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ssss
11-09 04:36 PM
did you receive any transfer notice??
Yes we did receive the transfer notice 3 weeks ago.
Yes we did receive the transfer notice 3 weeks ago.
nozerd
01-10 03:15 PM
I have had 1 friend go through this. In his case he decided to go through the "India Doctors Association" and they refered him to this OBGYN who helped him as community service. She didnt charge anything for her own fees but he had to pay the clinic for tests. For hospital he just put his hands up and didnt pay a penny - it ofcourse spoiled his credit but he didnt care as the amount was so unrealistically high for him (wife had c section so it costs like 40-50k).
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
I did a quick google and there is something called the "North Texas Indian Physicians Charitable Foundation " contact them and Im sure they will help you out by working with one of their members.
http://tipsfreeclinic.org/default.aspx
pyrosleepy
07-31 11:35 AM
Thanks, Sanbaj! Your response does help.
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