rajenk
01-17 01:40 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
wallpaper -labeouf-shirtless-jogging
martinvisalaw
04-02 01:18 PM
As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.
rajnag21
07-17 06:57 PM
Thanks again to everyone. I will ask him to join IV. :) He like me has been in the country for over 10 years. The combined stress (finding a partner plus this gc dragging thing) has made him catatonic to some extent.
He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.
He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.
2011 matthew davis shirtless. somerhalder, matthew davis
SNLive999
06-11 07:32 PM
Again Thanks Dhun Dhun.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
more...
lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
grupak
03-15 08:26 AM
This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
more...
flex
10-02 06:23 PM
Aha - do you have a firewall with browser privacy, like Zone Alarm or Norton?
2010 matthew davis shirtless. SAN DIEGO - JULY 24: (L to R) Actor
gaggu
07-12 02:20 PM
This place is addictive...
more...
dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
hair Zach Roerig – “Matt Donovan”
nayekal
02-17 01:02 PM
Nayekal, Thanks for your response.
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
I can't answer this question.
I believe you should talk to your lawyer about it.
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
I can't answer this question.
I believe you should talk to your lawyer about it.
more...
omved
08-15 01:54 PM
Bump.....
hot Matthew Davis
sanju_dba
04-30 11:41 AM
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.
if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.
more...
house Matt Davis has a bone to pick
user1205
08-13 11:48 AM
Why "TSC is far better than NSC"?
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
tattoo Matthew Davis on The Vampire Diaries s2e10
ras
10-25 09:58 PM
Situation :
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
more...
pictures interview with Matt Davis.
Axilleus
10-24 08:43 AM
Finally! Last night at 8:00 pm EST I received an email from CRIS saying that the Card production was ordered. That is awesome.
I assume that I should get the card in about 5-10 business days.
Does anyone know how long it takes to get the EAD after the card production is ordered?
I assume that I should get the card in about 5-10 business days.
Does anyone know how long it takes to get the EAD after the card production is ordered?
dresses Matthew Davis Shirtless
GCOP
11-08 03:23 PM
The main reason for EB-3 Problem is LIFE ACT (245i act of year 2000) which allowed approximately 345,000 people to file for Adjustment of Status (Green cards). There was no separate quota approved by congress for these applicants, which resulted in using the regular quota ( limited 3000 + numbers of EB-3 India) since year 2001 to 2008...... and still in progress.
As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.
As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.
more...
makeup Matthew McConaughey.
sircaustic
07-24 09:15 AM
???
girlfriend member, Matthew Davis.
.jpg "Matthew Modine in the 1985")
sri1309
01-11 09:08 AM
threat of losing your job is very high..as every prediction says its going to be more bad..
i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced
I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.
Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "
Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.
i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced
I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.
Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "
Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.
hairstyles Taylor Lautner Shirtless
rajivkumarverma
10-16 08:49 PM
Rajiv,
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Thanks
Ashish Can I use the same labour.My labour got approved on June 2007.
I think labour gets expired in 6 months
Kitiara
10-08 08:22 AM
All of them are very well done, but BBatPA's just appeal to me the most. :)
Libra
08-10 12:14 PM
see people dont understand why we say dont call, may be i got my reciepts because i didn't called them. and now they are making fun of me saying am saying all these bcoz i got my reciepts, but thats not true. I can understand the tension but this is not helping you either.
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
No comments:
Post a Comment