SertTurk
07-19 01:59 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"
wallpaper Samara in The Ring).
GCSOON-Ihope
11-04 10:02 PM
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
vaishnavilakshmi
09-27 02:56 PM
Hi,
Take the fp notice addressed to u which u got by mail.Lawyer's copy will have his address on it.Lawyer's copy is only an alternative if u do not recieve ur fp notice.When u have the original,u take urs !Cool!
Goodluck,
vaishu
Take the fp notice addressed to u which u got by mail.Lawyer's copy will have his address on it.Lawyer's copy is only an alternative if u do not recieve ur fp notice.When u have the original,u take urs !Cool!
Goodluck,
vaishu
2011 of THE RING. Samara#39;s
msyedy
12-13 12:06 PM
You can legall to work.. I don't know why people want to scare.
more...
gcdreamer05
08-18 12:40 AM
Dear Attorney,
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
Singer
10-21 11:10 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
more...
sammyb
11-30 09:07 PM
You need to invoke IV-21 :D
like the humor in it ...
in todays era we are thinking everything using GC terminology ... :D
like the humor in it ...
in todays era we are thinking everything using GC terminology ... :D
2010 ME IN quot;Samaraquot; (The ring)
skynet2500
11-24 02:03 PM
Yes. This is what I am thinking. They are going to stay for 6 months anyways, I wanna take advantage of tax deductions if possible. Would getting an I-94 extension for a week going to be a problem? thanks.
more...
hpandey
11-12 11:05 AM
Why have you created 56,098 threads on the same topic?
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
hair Samara in The Ring
supender
09-21 03:16 PM
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
more...
taureanstud
01-02 04:11 PM
Folks,
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
hot Samara From #39;The Ring#39;
STAmisha
11-17 07:28 AM
Please share your experiences with this conversion?
what is the procedure?
what is the procedure?
more...
house as The Ring#39;s Samara.
linuxra
09-28 08:08 PM
Any people have idea on the above rfe
tattoo quot;The Ringquot; Samara look-a-like
jugunu64
01-12 04:02 PM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
more...
pictures Samara vs. Kayako
mingan
12-19 12:07 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
dresses Samara in The Ring).
gc28262
07-16 12:38 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
more...
makeup The Movie: #39;The Ring#39; (2002)
EdenMN
07-18 09:38 AM
Thanks to IV core team and all members who are contributing for its success
girlfriend SAMARA. The Ring, The Ring 2,
ashoka
09-25 12:38 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
hairstyles El vestido de Samara (Ring 1)
maximus777
05-06 03:44 PM
bring it on pa, ut, tx (although backing away)
the more the merrier! This certainly will bring the debates nationally all the time.
More # of states want to pile on, fed has to step in - with a ferocious appetite :d
:d
the more the merrier! This certainly will bring the debates nationally all the time.
More # of states want to pile on, fed has to step in - with a ferocious appetite :d
:d
amitjoey
05-10 11:31 AM
7 Years and waiting. I have seen this month after month- VB after VB. Our only hope is legislative action. Please get active w/IV action items. Call your senators now.
walking_dude
12-05 04:50 PM
Many members don't update their IV profiles after moving. I ended up calling two from IL !(while organizing MI chapter).
Hope everyone's as diligent as BharatPremi
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Hope everyone's as diligent as BharatPremi
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
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