saketkapur
12-02 06:58 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
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go_guy123
03-13 02:43 PM
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Healthcare is festering because a lot of democratic party members have been bought off by the insurance lobby and they want to "discuss , debate endlessly etc" to create a stalemate
and thereby kill the bill.
"debate endlessly" is another way of blocking
By the way thats how CIR gets killed and will get killed if tabled.
AC21 was passed in stealth as it was piecemeal...bypassing a lot of process.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Healthcare is festering because a lot of democratic party members have been bought off by the insurance lobby and they want to "discuss , debate endlessly etc" to create a stalemate
and thereby kill the bill.
"debate endlessly" is another way of blocking
By the way thats how CIR gets killed and will get killed if tabled.
AC21 was passed in stealth as it was piecemeal...bypassing a lot of process.
ImmiRam
09-13 02:31 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
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lost_in_migration
05-04 12:23 PM
Unfortunately many of the IV members think Senior Member is a Core IV member, hence they tend to give importance to post submitted by Senior Members. Large audience over here may not be aware that ....
Junior Member ==> No of Posts<25
Member ==> No of Posts between 25 to 100
Senior Member ==> No of Posts>100
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
Junior Member ==> No of Posts<25
Member ==> No of Posts between 25 to 100
Senior Member ==> No of Posts>100
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
more...
fearonlygod
11-14 10:12 AM
thanks for the response ....how long is the response time for such cases....
ajava
11-29 07:58 PM
Hey guys,
My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.
The decision was that both mine and my wife's I-485's are reopened.
But its been almost 3 months and online status on USCIS website has not changed yet......
Does anyone noticed the same situtation with their MTR approval and no online status change?
- Prince
Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.
The decision was that both mine and my wife's I-485's are reopened.
But its been almost 3 months and online status on USCIS website has not changed yet......
Does anyone noticed the same situtation with their MTR approval and no online status change?
- Prince
Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
more...
prasadn
10-07 07:31 PM
My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.
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freeskier89
02-08 06:22 PM
Voters: 89
freeskier89
Suspicious. :P
Anyways, yay. haha!! This poll was rigged from the start! :P Just kidding of course. Congrats everyone
freeskier89
Suspicious. :P
Anyways, yay. haha!! This poll was rigged from the start! :P Just kidding of course. Congrats everyone
more...
satyasaich
03-16 12:45 PM
expect an RFE in a month or two. Also fill in your profile to help others...
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
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GCNirvana007
06-07 04:35 PM
Since i applied my I-485, havent seen a LUD but i did first time June 3rd 2009. One of my friend with same PD got LUD in April. I am from TSC. Any thoughts?.
more...
boston_gc
05-30 08:09 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
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jayleno
08-28 11:48 AM
Be doubly sure that this is a standard response for SR or otherwise from USCIS. Customer service says the same. Sometimes infopass too.
more...
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pmpforgc
04-26 09:24 PM
Completely agree with the point that you are trying to make here. Since the time I have been here, each year I have seen my juniors/friends come to U.S. on h1b visa/F1 visa/h4 visa., pretty excited and having a rosy picture of their future, completely unaware of the mess that we are in. This reminds me of the time when I came here few years ago, absolutely unaware of the green card backlog and the filing process. If I knew then what I know now, my life would have been completely different. Each year, thousands of Indians enter US on h1b/F1 visa, each(or atleast most) of them hoping to have a smooth transition to green card, ignorant of the terms " labor" "PD" "Retrogression" etc. when they do realize the meaning of these terms and their impact on our lives, they get a rude shock. It is unfortunate that people with PD of 2002 (in EB 3 india) are still waiting for their GC 8 long years after applying for it!!Imagine the plight of the youngsters entering U.S. now,who will apply for GC under EB 3 say in 2011 or 2012. Would it be a 25 year wait for them and are they ready for it?
I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.
I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.
I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)
IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.
But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.
IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)
I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.
I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.
I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)
IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.
But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.
IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)
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spulavarthi
08-27 02:55 PM
2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
more...
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radhikac
12-21 02:56 AM
hi All,
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
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simple1
10-30 07:20 PM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"
that settles it. Receiving Unemployment benefits is okay on AOS.
that settles it. Receiving Unemployment benefits is okay on AOS.
more...
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royus77
06-25 10:19 PM
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP
Receipt Number: EAC0716050372
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I129 PETITION FOR
A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
receipt with information about processing. We will mail you a decision as
soon as processing is complete You can use our processing dates to
estimate when this case will be done. Follow the link below for current
processing dates.
I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP
Receipt Number: EAC0716050372
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I129 PETITION FOR
A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
receipt with information about processing. We will mail you a decision as
soon as processing is complete You can use our processing dates to
estimate when this case will be done. Follow the link below for current
processing dates.
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zCool
04-07 05:56 PM
If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
So your GC process shouldn't be a factor.. you got great offer.. leave..!
So your GC process shouldn't be a factor.. you got great offer.. leave..!
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nkavjs
11-09 08:52 PM
I did answer your question in my first post and asked you a question on which you replied:
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
I'm answering your question, and you are being sarcastic - what do you expect?
Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
I'm answering your question, and you are being sarcastic - what do you expect?
Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
Never mind.. I think you got my message.
coopheal
03-14 03:23 PM
I do not support this campaign. As someone famously said if house is burning no point in rearranging furniture.
IV level campaign should be focused on administrative and legislative fixes.
IV level campaign should be focused on administrative and legislative fixes.
485Mbe4001
10-02 07:53 PM
short answer...You are the chosen one you can do what ever you want, while USCIS will do what they think is right...IMHO plenty of legal trouble for you, your company and your lawyer. While you are at it why not ask companies C,D&E to sponsor parallel applications for you, the more the merrier....i think you are a troll...Hardworking, law abiding immigrats get a bad rap because of people like you.
So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.
What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)
Appreciated
So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.
What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)
Appreciated
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