vishal
04-16 01:10 PM
hi friends,
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
inskrish
09-28 12:30 AM
and tiped around $ 100, suddenly he started yelling at me...
Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D
Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D
maverick80
01-30 11:37 PM
anyone? Any help would be appreciated here.
martinvisalaw
07-16 03:00 PM
Hi,
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
more...
Alabaman
09-25 03:55 PM
are u saying fragomen is no good?
glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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gcnirvana
04-23 01:00 PM
johnifanx98,
Please update the link. It doesn't work.
Thanks!
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63
Please update the link. It doesn't work.
Thanks!
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63
Ann Ruben
02-06 04:39 PM
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
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thesparky007
04-25 09:40 PM
thanks kirupa
so you uploaded it?
so you uploaded it?
Ann Ruben
06-30 11:44 PM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
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iv_only_hope
01-15 10:20 AM
Update from my lawyers site
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned
TexDBoy
02-06 03:48 PM
I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.
ok ...
I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.
I am not sure they will do that ... but just a suggestion .. I might be wrong ..
ok ...
I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.
I am not sure they will do that ... but just a suggestion .. I might be wrong ..
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getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
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goel_ar
12-20 11:39 AM
^^^^
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QuickGreenCard
09-15 09:48 PM
I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
irukandji
04-04 11:34 AM
Yes I filed my 485.
Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?
Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?
more...
eb3_nepa
03-25 01:10 PM
Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.
Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.
Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.
MartinR
February 15th, 2005, 12:05 PM
I have an Olympus C2100 Ultrazoom. The real focal length of the lens is given as 7mm to 70mm (38mm to 380mm on 35mm equiv). When I operate the zoom lever, a bar appears in the viewfinder with T at the top and W at the bottom. Can I assume that this scale will be linear in terms of the focal length ie if the number of steps between W and T is 30, would each step increase the focal length by 63/30 mm (=(70-7)/30)? This would,however, mean that my standard 50mm equivalent focal length would be only one step up from the W end of the scale, which does not ring true. In which case, is there an easy way to 'calibrate ' this scale?
Thank you.
Martin
Thank you.
Martin
natrajs
12-16 02:07 PM
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
PDOCT05
10-29 11:27 AM
Friends,
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
skdskd
08-26 09:32 PM
I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.
I think so too
I think so too
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