addsf345
01-13 04:01 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!
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moolchand_2002
03-24 04:11 PM
Hello
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
eb3retro
04-21 11:54 AM
done..did my small contribution.
2011 Shakira gave a celebration
desi3933
03-09 12:29 PM
.... None of my previous employers revoked my H1-B. ....
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
more...
jungalee43
10-06 04:11 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
ssksubash
11-13 03:37 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
more...
wellwisher02
04-02 11:37 AM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
2010 Shakira and Piqué an item
kriskris
07-28 02:49 PM
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
Thanks in advance
-Krishna
more...
thomachan72
10-15 03:47 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
If you want to extend H1b soon go for the PP. It is worth to get this done with.
Now that your company was purchased did you have to do the labor once again? or just the 140? Will you be able to keep the old PD?
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
If you want to extend H1b soon go for the PP. It is worth to get this done with.
Now that your company was purchased did you have to do the labor once again? or just the 140? Will you be able to keep the old PD?
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gc_peshwa
12-09 10:54 AM
Thanks IV for the update!
Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!
Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!
more...
chitra
02-26 12:38 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
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pleaseadviseme
09-22 06:45 PM
Any advise would be great of help. Thank you so much guys.
more...
house Posted on 16 Apr 2011 at
amundres
01-13 03:54 AM
I live in northern california and has written letters to congressman, first lady but not response.
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shana04
01-30 11:21 AM
Any feedback on this is appreciated.
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
more...
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greencardvow
07-26 01:46 PM
Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
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gc_kaavaali
07-29 07:35 PM
Please contact your local senator and explain your problem. Probably he/she can help you.
I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
I�m a legal immigrant, I140 approved and on EB3 waiting list, priority date 04/2006. I need to renew my valid SC driver's license that will expire on 08/15/2010. Went to SC DMV today and they confiscated my valid SC drivers license card, issued a sheet of paper (Letter size) with letter head "Temporary driver's license card" witho no photo on it. This "document" is only valid in SC. May take up to 60 days to re-issue my SC DL card. I'm a professional electronic engineer and my work requires to travel outside the SC state. Why do I need to be punished? Just because I am a foreigner! This is an interesting story where the SC and other states illegal Immigration Reform Act is affecting legal immigrants very badly. Is all about illegal immigrants or there is a growing xenophobia in the USA? If you are a foreigner but legally in this country you are consider guilty until proven innocent? Or all immigrants are consider illegal?
more...
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geevikram
05-10 08:00 AM
One sensible post after a long time. I guess people(including me) are desperate that any piece of news gets them excited..
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chanduv23
10-30 11:48 AM
Come on washingtonians , wake up
Some pics and videos from NJ meet are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
Look at the crowd and get inspired
Come on folks, everyone to the meet
Some pics and videos from NJ meet are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
Look at the crowd and get inspired
Come on folks, everyone to the meet
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tdasara
11-21 06:45 PM
Thank you for the additional info VVR Murthy. I plan on sending everything I have including a letter from HR and manager. Surprisingly they ask for Original Pay Stubs and Bank Statements, most payroll and banks are going paperless and BOA now charges $10 for a custom letter!!
gparr
June 14th, 2005, 03:16 AM
I use Canon gear, so am not much help with Nikon. However, my macro lens is the Sigma EX 105 and I think it is one of the best lens values available. I've owned it for a year now and use it more than any other of my lenses. Autofocus is slow, but I have yet to figure out why I'd want autofocus for macro work, so it doesn't matter. To get more reach, I'm seriously considering the new Sigma EX 150 macro. It is getting excellent reviews and images I've seen are as good as they get. I don't use any other magnifying techniques, so I can't offer any help with some of the other items you mentioned. Here's my current favorite shot with the Sigma macro.
Gary
http://www.dphoto.us/forumphotos/data/500/rose01.jpg
Gary
http://www.dphoto.us/forumphotos/data/500/rose01.jpg
praveenuppaluri
02-21 08:02 PM
nmdial and sac-r-ten
thanks for your responses. I am going forward with "do not apply" option for now.
thanks for your responses. I am going forward with "do not apply" option for now.
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