Thursday, June 16, 2011

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  • harish
    11-29 07:55 PM
    I'm wondering where did you get this information?

    From here....

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  • tikka
    07-02 04:20 PM
    Money Spent On 485


    1) usd 325 PER PERSON FOR 4 FAMILY MEMBERS - 1300

    2) US D 180 + 170 FOR 3 FOR EAD ---- 1050





    TOTAL EXPENSE --- USD 6900


    was posted on the other thread...

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  • satish_hello
    12-07 10:19 AM
    I am still waiting for FP, i created SR, hey told i have to wait for 4-6 weeks, which is already over.

    I took infopass, my name check is clear, No info abt the FP Notice.

    Any one in same situation transfered cases from NSC-->CSC-->NSC not yet received FP yet.

    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th. - Transferred ---> WAC ---> back to NSC
    EAD- Card Received
    AP - Approved.
    NC- Cleared
    AD -?


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  • chanduv23
    12-21 01:13 PM
    Recently a friend of mine visited us in Houston and the purpose of his visit was that he surrendered his passports after getting his American Citizenship and waiting for the surrender certificate. He has been waiting for 2 months and still no luck. I am wondering why processing a surrender certificate takes such a long time?
    I think that there is no proper process or people are not implementing it properly.

    There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.

    As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?


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  • mbartosik
    02-12 05:12 PM
    Many states are "employment at will" states. This includes NY. You can say good bye that day and not turn up again (works both ways). Did you have leave owing and thus were simply using up paid leave before leaving him. If you did not sign a no-compete he doesn't have a leg to stand on, and even if you did no-compete contracts are often unenforceable because they go too far.

    If you left without telling him and continued to draw salary that could be a problem.

    If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.

    IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!

    Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.

    Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.

    Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".

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  • brav
    11-29 08:10 PM
    Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos

    The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?

    Thumbs up to IV and everyone involved in making this happen.


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  • makemygc
    07-06 06:29 PM
    Just like USCIS, they duped us at the last moment.

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  • moonrah
    06-12 03:47 PM
    As far as I know, it suppose to start at 11:00 it still going on? can anybody please provide update or link?


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  • greatguy
    11-13 09:20 AM
    I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:

    At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.

    I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.

    I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.

    I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.

    There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.

    The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.

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  • axp817
    04-06 03:09 PM
    One way of thanking IV is by making a donation, so that IV can continue to help others like you.

    just a thought.

    Good luck with your situation.


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  • dingdong12
    06-17 05:03 PM
    I support this

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  • suresh.emails
    10-21 02:50 PM
    Despite of my request on RED dots and interpretation issues,

    Some one gave me a RED dot for this posting. It is as follows

    1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))

    Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.

    We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.

    We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).

    Core member do some thing.


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  • ssnd03
    02-28 05:12 PM
    Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.

    I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.

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  • BharatPremi
    07-17 03:47 AM
    I hear what you are saying. I am just saying this is a band aid solution.


    Yes, but you are missing the one important fact, that "band aid solution" would put band aid to thousands of hurt people which will sooth them for a while. I understand, your 485 is already in pipeline so you already have those band aids but claiming to be sorry portrayed you very selfish. Think about teh group then you will slowly start forgeting your sorriness.


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  • adibhatla
    02-20 12:57 PM

    Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.


    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..

    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent

    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??

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  • lotus26
    05-30 07:09 PM


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  • RNGC
    04-24 11:27 AM
    Hello all,

    I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.

    I am a firm believer of the proverb "Crying baby gets milk!"

    I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)

    Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )

    1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?

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  • shivapb80
    06-05 11:25 AM
    in fact i think this memo is very favourable.

    first of all it has some protections for h1b whistle-blowers.
    second it formalizes the 27th, Dec, 2005 into the AFM which is much better.

    this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.

    the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!

    just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.

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  • shana04
    02-12 04:28 PM
    I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.

    Is there any way to find out if my I 140 was revoked.

    I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.

    But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.

    Can you guys please advice i will really appriciate your help.


    please be more precise. when you transfered and when did you file your 485 with company A or B.

    01-05 11:54 AM
    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.

    Wrong !! I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ). IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.

    Dear vine93:

    Your statement may be an unique case in one IBM project. I was a PMO overseeing a large IBM implementation project and all my peers at IBM had PMP's. However, for implementation projects MBA's are never considered better than PMP's, however they are at par. MBA with PMP is a unique combination and it will help your career growth. Yes i too have a MBA with PMP.

    However, you said one important aspect of a Project manager, i.e. communication. The PM needs to have a good command over English communication, both speaking and writing, otherwise life will be a struggle. Many of the Indian, Chinese, Korean and other people from Asian countries have a very strong accent with their English communication....which can become a hinderance in getting the top job. Also note that a PMP will get a job if he is technically qualified and has a PMP, however for the top jobs your soft skills like communication, people skills and networking takes precedence.

    07-07 06:20 PM
    Just saw it. Very good. Covered the basic issue very well.

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