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  • GCanyMinute
    08-02 03:17 PM
    The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
    It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.

    USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.

    By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(

    Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )





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  • abhijitp
    07-25 01:27 AM
    Your lawyers are not adding the employment letter because they are working in the ineterst of your HR department and not in your interest. Your HR thinks that after 180 days you will leave the job. So in order to retain you, they are filing incomplete application to invoke an RFE or rejection and keep things iin their control. Hope you are smart enough to see the games people are playing with your greencard application.
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?





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  • Sunx_2004
    01-24 11:31 AM
    ^^bump^^





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  • zeusjerry
    04-04 03:25 PM
    Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?

    Solution is :

    1. Reform current H1B procedures so that it cannot be abused.
    2. Make H1b cap market based.
    3. Reform EB based GC process as suggested by Strive Act..


    If only i was president !! :)..



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  • mps
    07-23 04:58 PM
    My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.

    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.





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  • justAnotherFile
    07-25 12:24 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.



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  • yabadaba
    09-26 10:52 AM
    People please also send your emails to

    Brett LeVecchio
    Communications Coordinator
    212-522-0361
    brett_levecchio@timeinc.com

    Erin Clinton
    Publicist
    212-522-4071
    Erin_Clinton@timeinc.com

    they are the media contacts for fortune small business magazine

    http://www.timeinc.net/fortune/information/presscenter/fsb/media_inquiries.html





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  • khans02
    12-28 02:24 PM
    I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
    If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?

    Thanks for quick response. I need to let the new employer know of my decision.

    Saeed:confused:



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  • arnab221
    09-10 04:19 PM
    This sucks man. Another reccess to delibrate on HR6020 and they will be back at 5:00 for a vote.

    Who knows if we will ever get a chance to day or not. GURU's please give your opinions.

    ............................................
    $470 till date


    Maybe they will be too tired to vote and will all vote AYE !!!





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  • Lasantha
    07-29 01:04 PM
    I would definitely drink this beer if I can get my hands on it. Hopefully it will give me some brains! :D



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  • dilber
    04-29 04:32 PM
    I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.

    Good luck to everyone else!

    May be you scared the USCIS with your phone calls and they just wanted you out of their systems. So that you don't rally other people and then they might have to really become efficient.:cool:

    BTW really happy for you... enjoy:o





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  • miami75
    07-02 10:27 PM
    Here is my contribution Google Order #920441777988850



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  • suresh.emails
    01-21 02:41 PM
    No more crossing into USA just based on saying you are a Citizen (oral declaration).

    Starting from January 31, 2008 (two weeks from now), all citizens must carry passport or other kinds of acceptable ID's to enter into US border. This is also applicable US and Canadian citizen.

    Following are acceptable documents/ID's for US/Canada citizens ages 19 and older.

    1. USA, Canada passports
    2. US passport card (available in the spring)
    3. Trusted traveler card such as NEXUS, SENTRI or FAST
    4. Secure driver's license
    5. US military ID
    6. US Merchant Mariner document
    7. One of several IDs issued to Native Americans

    So, proof of citizenship will be required for entry.

    As usual, all other citizen must carry all required documents.

    Source: USA Today January 18, 2008 news paper 3A page.





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  • dagabaaj
    02-12 04:23 PM
    http://caffertyfile.blogs.cnn.com/2009/02/12/change-immigration-policy-in-light-of-job-losses/



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  • chanduv23
    11-14 10:13 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?





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  • HV000
    03-18 03:33 PM
    Now with April VB out. Any chance of EB2 India moving further another 2 years to DEC 2005 Before October 2008?? Are there a lot of EB2 - INDIA applicants between DEC 03 - DEC 05??



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  • EndlessWait
    07-13 09:35 AM
    GCBy3000,
    Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:

    Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR

    Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?

    I know the Mahatma would have asked himself the same questions before hurling allegations.

    Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.

    AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.

    go figure..u jacko.. this forum is not give publicty to lawyers.
    pls close this thread





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  • ita
    09-10 11:09 AM
    I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.

    Thank you.





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  • JunRN
    09-10 08:25 PM
    Hammond Law Group said it was postponed due to lack of quorum. Which one is true? ILW or Hammond Law?





    kishdam
    02-20 03:28 PM
    Thats a slight good news (in the current bad news or no news era regarding legal immigration) - hopefully there are are enough EB1 spillover visas to move EB2 by a few months each quarter.





    GCplease
    03-04 09:26 AM
    I am with Singhsa on this.

    Recapture of un-used visas alone can make a huge difference.

    Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.

    Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
    This will not completely remove the housing crisis, but it will definitely ease it a little bit.

    Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.

    My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.

    We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.

    We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.



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