Kama Of Kingstone

Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..

He is in the Tri State Chapter and hope we will see some action from him soon :)

Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.

I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".

Noone can say when ur perticular case will be adjudicated, and I mean Noone.

Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120

ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

Dear Sir or Madam,

This application/petition was filed along with the required fees is being returned to me for the following reason.

Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007

�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.

Shipper Information
xxx

Recipient Information
xxx



I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,


xxxx
Human Resources Manager
xxxxxxx

to take appointment that close to the arrival date. What if your flight cancelled or delayed?
I know it will eat up at least 3 days of our vacation if we have to travel from hometown to these cities, but I feel we have to factor in while planing our vacation.


What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh

what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
do they have any word to say in this deep visa retrogression for indian origin?

they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.

Good find! Do we get to send this to Congress and to USCIS? I think they should get a copy.

Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
Thx

I will like to start this thread.

I140
filed March 2nd, 2007
Receipt date : March 8th, 2007

Thanks.

Good post, gave you green! Wish people would come forward to donate and/or volunteer.

Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.

Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.

:o

You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.


For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.

For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.

I run payroll for my company and can provide insight, PM me if you have more questions.

Take it easy & Enjoy your weekend :D




I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.

Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.

Thanks.

gali gali mein phirta hei
tu kyu banke banjara

aa mere dil mein bas ja
mere nagrik awara

This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.

Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month

Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

Hope that helps.

Dear All,

I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

Please, please help me in this regards.

I would really appreciate if any one can help me out in this matter.

bumpabaump

I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

We applied for her H1 in 2007 April, it got approved on September 2007.

We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

Her H4 approved on November 2008(but i was no more in H1).

I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem?

The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..

Thanks

Hi,

Thanks for the reply and sorry for creating multiple threads.

- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008

On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.

The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".

My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?

Thanks again..look forward to your response

You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.

I had ordered my IV Texas T-Shirt on Sunday and have received it today! I am all set for the Rally and will be departing Houston, Texas on the 17th.

See you all in DC..

I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

Hello Gurus,

I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

Thanks in advance.

--Srinivas