Thursday, September 1, 2011

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  • Sunx_2004
    04-01 06:39 PM
    As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
    Any inputs..
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?

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  • MindGlow
    04-03 08:54 AM
    sent #10 & #11

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  • priderock
    07-06 04:51 PM


    I wonder where you work and which country you live :confused:

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  • sjkumar
    05-01 11:10 AM
    Defence deals , trade , outsourcing and immigration have always been very closely related all these years . The main reason that Obama was in India was to sell American wares and the No 1 list of his agenda was the $10.1 Billion MMRCA deal apart from future contracts on India's Nuclear Power generation program.

    India on the other hand too has always lobbied the US on H1Bs and overall outsourcing issue and the deliberate maligning of Indian outsourcing companies was responded to with a warning by India that the US will be seriously disadvantaged in its other trade with India should US politicians continue to target Indian IT companies and IT engineers particularly.

    This was clear in the Doha talks starting in 2007 and later years in where India chose to bring specifically the H1-B visa issue always , although the Doha talks might not have been the right forum to bring such issues. ( see link below )

    India Links Visa Flap with Doha Talks (

    "The country's Commerce & Industry Minister says stories of work visa abuse by outsourcing companies could hurt chances for a global trade deal "

    So the carrot of "Global trade" with India was being used very effectively so far by India to lobby for getting other concessions in the outsourcing industry and I am not sure how much this is going to be possible now .

    In reality the level of Indo US relations has reached has never been so low in recent times and the below articles aptly details out the causes and the sentiment.

    Nothing positive in Indo-US ties since nuclear deal - Times Of India (

    "Its unclear whether he(Obama) will listen to his advisers to pay India back for its decision(MMRCA)."

    Outsourcing.. Immigration ...Trading.. India Opening couple of more sector for MNC to invest all are related.. Shortly we will hear news about India Opening Retail or some other sector for MNCs to invest or open shop.. Remember one of India's biggest Export is Skilled Man power .. be it IT engineers,Nurses,Plumbers etc...


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  • abhijitp
    01-24 07:17 PM
    Also setup time with employer to request a letter.

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  • milind70
    08-23 02:54 PM
    Just Thought

    There is 200k application without 140 approval, this is including july filers.

    there is lot of chnace for those who got their I-140 approved, even their PD '2006.

    you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.

    I think EB2-jan2007 and EB3-Aprl2005 in October VB

    - satish

    This is not correct . Approval is only when your PD is current. People who got approval for PD 2005 EB2 cases were actually approved in July .Thier approval date is July 2007 when then the VB was current. VB is not just for filing,earlier in 2004 some people were approved when thier PD dates were not current, their approvals were cancelled. Part of the reason why July VB was made current so approvals made during that time who be as per as the VB. I had a friend who recieved notification that his GC was approved but his approval date is in July on the notice but he recieved it in Aug when his PD was not current.


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  • eb3_2004
    07-02 05:22 PM
    Medical 350*2=700


    Photos 15$

    Total 725$

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  • sands_14
    04-13 11:02 AM
    No visa bulletins till October2007
    Thats what USCIS announced 2 weeks back
    So stay cool:)


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  • skp07
    10-04 06:50 PM
    My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
    Responded to RFE with a receipt date of sep. 25 th and no updates till day.
    Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
    WE were hoping for some miracle by monday:confused:

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  • darslee
    07-06 02:17 PM
    Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
    I second that!


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  • texcan
    01-11 05:48 PM
    1) Try state group insurance
    Texas and for that matter every state has a group insurance coverage for folks
    who donot get coverage from any other insurance provider.

    This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.

    Check the state insurance board website.

    2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.

    3) Ask yours employer's insurance agent, group insurances gurantee insurance.

    Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.

    donot worry.

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  • abhijitp
    07-08 11:29 AM
    NBC news is old one on youtube and i rated 5 stars, but i think green card(other one) is new and awesome. rated 5 stars.
    This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.


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  • venanu
    06-19 03:43 PM
    "Priority Date(PD) is valid for filing the 485..Whereas Receipt Date(RD) is the only one which is valid in the 485 stage..."...Can someone confirm this?

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  • nozerd
    04-13 11:45 AM
    So why isnt EB3 India moving at all ?

    Even bigger news is that "Other Workers" have become Unavailable for the whole world.

    It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.

    This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.


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  • bkarnik
    04-10 04:21 PM
    The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.

    Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!


    I totally agree with you, and that is what surprised me in starting this thread. However, it appears that as recently as 2004, the DHS changed the EAD regulations to extend the validity by more than 1 year in certain cases. I am wondering if it might be worthwhile for the IV core to utilize some resources to try and get the DHS to change the regulation and issue EAD after I140 approval. I feel that we have a good argument considering the facts: a) once I-140 is approved, there is a approval by the USCIS to the employer to hire the alien as a permanent employee and; b) by issuing the EAD at this stage, the USCIS is not in anyway tampering with the GC quotas.


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  • BharatPremi
    11-06 01:21 PM
    This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??

    What do i do now ? I cant travel without this piece of sheet ( i mean paper)

    According to my lawyer one should contact USCIS in case of non receipt of AP (Physical Papers) within a month from first LUD. During that call one should ask USCIS whether USCIS get AP papers back or not ( For whatever reason address change and/or wrong address etc.. not delivered to you). If USCIS receive those papers back then it will resend it upon verifying correct address with you and that is without any extra cost. To make this happen certainly you will have to either make frequent calls to USCIS or take frequent infopass appointments.Down the road if USCIS does not get AP papers back and you simultaneously do not get them, meaning if paper lost during transit, then you do have 2 choice..(1) forget about receipt of AP approval papers this time (2) Refile AP with new fee as USCIS did not get mail (papers) back.


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  • pasupuleti
    05-22 03:23 PM
    We should get an amendment to make all H1Bs illegal. so we can easily qualify for this Z visa.

    Actually i see lots of benefits turning into illegal, lets go illegals.

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  • n2b
    12-28 10:29 AM
    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.

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  • gcseeker2002
    08-22 07:38 PM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!
    I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).

    02-11 10:16 AM
    mapadapa..has numbers..and numbers dont lie...
    i think EB movement will be gradual and it will maybe move to first qtr of 2005 by the end of this year(EB2) way will it be C..

    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,

    Sheila Danzig
    02-25 09:07 PM
    Thank you - that is good to hear.

    We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.

    My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.

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