IfYouSeekAmy
08-21 03:54 PM
I am truly sorry for your situation and applogize for the lousy way people in this forum are treating you. It seems you have done everything honestly and legally. From your story I do not see any wrong intentions or trying to stay here illegally. If that was the case I don't see why you filed the pettion anyway so looks like you have done the right thing. I wish I could help. The only advise I could give you is to see if you can get an extension on the 30 day period. I do not know if that is possible but I sincerely hope that things will work out for you!
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
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Dhundhun
07-13 11:48 PM
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
My case (I485) is with NSC. The e-filed EAD renewal also got LIN number, but (may be due to load distribution) it is being handled by MSC.
Does this imply everything will be handled by MSC instead of TSC? I think source article is needed to analyze, what is happening.
Unfortunately, i don't have the link, but I will post it if i come across it.
My case (I485) is with NSC. The e-filed EAD renewal also got LIN number, but (may be due to load distribution) it is being handled by MSC.
Does this imply everything will be handled by MSC instead of TSC? I think source article is needed to analyze, what is happening.
techmia
07-01 04:40 PM
Everyone is busy partying.
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sanjay
04-09 03:35 PM
No change. Wohi purani kahaani. Old wine in new bottle.
Would start looking for June now. But, won't expect any thing good until August 2010.
Would start looking for June now. But, won't expect any thing good until August 2010.
more...
StuckInTheMuck
07-28 12:17 PM
Okay, from wine shop to religion to law to constitution, what next :)
kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
more...
gvenkat
10-10 12:57 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
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ajthakur
07-14 06:47 PM
Suppose my employer had revoked the 140 application within 180 days. In that case should I receive a NOID instead of RFE now.
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
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grinch
02-15 07:32 AM
Yeah well if you don't want to make it look spiffy, then thats your choice!
I'm working on my entry currently, and it's coming along well, just some basic modeling and texturing, and some decent renders.
Doesn't have to look amazing or whatnot!
And deadline can be altered if you wish.
I'm working on my entry currently, and it's coming along well, just some basic modeling and texturing, and some decent renders.
Doesn't have to look amazing or whatnot!
And deadline can be altered if you wish.
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Dolly20
10-03 01:14 PM
Hi!
When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
1. Do we have to fill in I 539 form or I 129 form
2. How long is the processing time?
3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
please help me. Your responses will be greatly appreciated.
Thanks in advance :)
When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
1. Do we have to fill in I 539 form or I 129 form
2. How long is the processing time?
3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
please help me. Your responses will be greatly appreciated.
Thanks in advance :)
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invincibleasian
01-31 06:18 PM
Well excuse me, but people having queries other than the reason why this thread was started, please create a new thread.
Sorry to say so, but my query for travel has been sidelined because of other issues.
thanks in advance for your cooperation.
Dude quit hogging any thread!
Sorry to say so, but my query for travel has been sidelined because of other issues.
thanks in advance for your cooperation.
Dude quit hogging any thread!
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GCKaMaara
03-12 12:27 PM
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.
n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.
n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.
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my2cents
03-01 12:13 PM
good analysis
http://www.globalresearch.ca/index.php?context=va&aid=7813
http://www.globalresearch.ca/index.php?context=va&aid=7813
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onemorecame
10-11 11:05 AM
Status changed to 'Your Case Status: Request for Evidence Response Review'.
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EB3_SEP04
05-26 05:58 PM
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
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ajthakur
07-14 05:17 PM
What options do I have now
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crazyghoda
01-30 03:17 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I havent been working considered as Out of Status?
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I havent been working considered as Out of Status?
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meridiani.planum
09-10 11:25 AM
I will update here for those who cannot enter chat
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
some of the priorities in this country are all screwed up...
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
some of the priorities in this country are all screwed up...
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ItIsNotFunny
03-10 04:22 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183
jjava100
07-01 03:07 PM
Thank you for contacting me to share your views about Senate Amendment 4319 to the American Jobs and Closing Tax Loopholes Act (H.R. 4213). I appreciate the time you have taken to correspond with me.
In my position as a United States Senator, I benefit greatly by hearing a wide spectrum of opinions expressed by Oregonians. I listen carefully to these views as I study each issue and decide how to vote on legislation which comes before the Senate. On any issue, I value your thoughts and ideas.
Again, I appreciate your feedback. I have made note of your concerns, and I will certainly keep them in mind. Please keep in touch.
All my best,
In my position as a United States Senator, I benefit greatly by hearing a wide spectrum of opinions expressed by Oregonians. I listen carefully to these views as I study each issue and decide how to vote on legislation which comes before the Senate. On any issue, I value your thoughts and ideas.
Again, I appreciate your feedback. I have made note of your concerns, and I will certainly keep them in mind. Please keep in touch.
All my best,
khans02
12-28 02:24 PM
I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused: