kaisersose
06-30 05:59 PM
I am also worried. I called my attorneys office to inform them but of course like always he is in a meeting. I am sure this was an error but I am hoping its not call me optimistic but I like the smell of green card :)
I am sure this has happened to others too, but most people will not leak out the news :).
1) If you have dependants who have applied, then they may not get approvals.
2) This was a problem for someone, whose case was posted on Murthy.com. His case was approved when the PD was not current, and he had been waiting to apply for his wife's 485. But since the dates were not current, he could not apply for her 485. So He had to call up CIS and notify them of their mistake.
So is it safe to just get the card and use it? it depends on your luck. They may never discover their mistake or they might. So check with your lawyer.
I am sure this has happened to others too, but most people will not leak out the news :).
1) If you have dependants who have applied, then they may not get approvals.
2) This was a problem for someone, whose case was posted on Murthy.com. His case was approved when the PD was not current, and he had been waiting to apply for his wife's 485. But since the dates were not current, he could not apply for her 485. So He had to call up CIS and notify them of their mistake.
So is it safe to just get the card and use it? it depends on your luck. They may never discover their mistake or they might. So check with your lawyer.
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Totoro
05-06 05:55 PM
Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
Jaime
09-06 04:46 PM
Let's change more minds! How many minds have you personally helped change?
2011 India v Australia Sachin
rvish9
07-19 01:17 PM
Does the SKILL bill help persons who have already completed their masters or will it also help those who are pursuing their MBA/MS? (i.e if SKILL is implemented)
Will a person with 2 yrs experience and a MS degree or a person with 6 yrs experience and currently working towards their MBA (part-time) be exempted from the visa numbers?
Will a person with 2 yrs experience and a MS degree or a person with 6 yrs experience and currently working towards their MBA (part-time) be exempted from the visa numbers?
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delhiguy79
07-23 03:23 PM
Latest FAQ from uscis says we can file I-485 without I-140 recipt notice
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
wonderful link ....atleast some confirmation...
hope we get our receipt notices before Aug 1st...so that we can file without tension...
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
wonderful link ....atleast some confirmation...
hope we get our receipt notices before Aug 1st...so that we can file without tension...
nogc_noproblem
10-17 05:28 PM
I am coming!
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DoubleN
03-10 04:19 PM
My friend told by attorney that grace period is 270 days after H1B cancelled by employer. he can find the another employer / job during that period.
Not sure!! but cross check with USCIS
Not sure!! but cross check with USCIS
2010 Sachin Wallpaper
ashkam
06-19 04:12 PM
One change I noticed.
Now people can continue in the old system if the I-140 was approved or pending before the first day of the fiscal year subsequent to the the bill being enacted. So if the bill is passed right away, you need to have filed your I-140 before Oct 1 2007.
Buehler : Thanks for the find. Can you quote it please, if possible?
Now people can continue in the old system if the I-140 was approved or pending before the first day of the fiscal year subsequent to the the bill being enacted. So if the bill is passed right away, you need to have filed your I-140 before Oct 1 2007.
Buehler : Thanks for the find. Can you quote it please, if possible?
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.jpg "wallpapers of sachin tendulkar")
SmSm
12-01 07:38 AM
The basic idea behind this approach is to channel all the negative energy into something positive.
Here is what me and my wife are doing. When the retrogression first hit us in 2005 January we were both devastated even more so because one my friend and his wife, with same the same priority date as ours and similar EB3 RIR got the Green Card on 24 Dec 2004. We would not have been so frustrated if they had the priority date even a month or so before us. But some are just lucky I guess. Coming back to what we are doing. My wife started her masters and finished in May this year. She could have finished in December but we were really banking on the CIR in May so she took more courses and finished it faster. Well that did not happen so whats next. So now I will be starting school again for second Masters this time MBA from one of the top10 B schools in January 2007. Ideally I wanted to do Full Time because its shorter duration as compared to part time but GC God (I wish there was one like that so that I can do the "Nariyal Pooja" or "Mundan" or "Abhishek") had otherr wishes so I have now switched from full time to part time. Lets see if my part time MBA of 4 years wins the race or Green Card wins the racce against time.
Moral of the story. Channelize your energy into something positive and get masters or second for that matter, or learn a new language, enroll in classes to learn languages that run for 6 months at community classees by the time you get your GC you will know atleast a dozen languages.
Lage Raho GC Bhai....
Here is what me and my wife are doing. When the retrogression first hit us in 2005 January we were both devastated even more so because one my friend and his wife, with same the same priority date as ours and similar EB3 RIR got the Green Card on 24 Dec 2004. We would not have been so frustrated if they had the priority date even a month or so before us. But some are just lucky I guess. Coming back to what we are doing. My wife started her masters and finished in May this year. She could have finished in December but we were really banking on the CIR in May so she took more courses and finished it faster. Well that did not happen so whats next. So now I will be starting school again for second Masters this time MBA from one of the top10 B schools in January 2007. Ideally I wanted to do Full Time because its shorter duration as compared to part time but GC God (I wish there was one like that so that I can do the "Nariyal Pooja" or "Mundan" or "Abhishek") had otherr wishes so I have now switched from full time to part time. Lets see if my part time MBA of 4 years wins the race or Green Card wins the racce against time.
Moral of the story. Channelize your energy into something positive and get masters or second for that matter, or learn a new language, enroll in classes to learn languages that run for 6 months at community classees by the time you get your GC you will know atleast a dozen languages.
Lage Raho GC Bhai....
hair Wallpaper of Sachin Tendulkar
immique
07-17 11:02 PM
Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
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Totoro
05-11 11:03 PM
The IRS webpage is saying something different. It makes it clear that you need the
SSN in 2008. (Second and last question on
http://www.irs.gov/newsroom/article/0,,id=181995,00.html)
.
Q. If I currently have an ITIN and file my return but later this year get an SSN, can I amend my return to get the payment or will I need to wait until I file my 2008 return to claim it?
A. You will need to wait until you file your 2008 income tax return to claim the economic stimulus payment. [New 4/14/08]
You file your 2008 return in 2009.
SSN in 2008. (Second and last question on
http://www.irs.gov/newsroom/article/0,,id=181995,00.html)
.
Q. If I currently have an ITIN and file my return but later this year get an SSN, can I amend my return to get the payment or will I need to wait until I file my 2008 return to claim it?
A. You will need to wait until you file your 2008 income tax return to claim the economic stimulus payment. [New 4/14/08]
You file your 2008 return in 2009.
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Jaime
09-06 05:59 PM
I know you're thinking about it...probably sitting on the fence and deciding which way to go? Choose your freedom!
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house Sachin Desktop Wallpaper
silibili
05-17 01:45 PM
Done.
Thanks!
Thanks!
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namaste
01-02 11:51 AM
H1-b 5.5 years, I-140 approved 1.5 yrs, I-485 pending almost 2 yrs, priority date just got current (JUL2004). Got laid off and will have January check as last pay check. Spouse is on H1-B, whose job is relatively secure for the short term, whose I-140 approved as well but didn't submit I-485 (PD is about beginning of 2007).
1) EAD/AP expire at the end of March. Should I renew EAD/AP now? The company will not do it, if I apply it on my own will CIS notice this and send me an RFE? If they do send me RFE asking for employment verification letter can I fax back a letter (I believe my company still counts me as an employee now) without letting them know I got laidoff?
2) Regarding H4 application: what's the best way to do it, apply on my own or use an attorney? Do I have enough time to do it in one month on my own?
3) If I find a new job quickly, given that I'm in my 6th year of H1-B, will the new employer be able to transfer my H1-B?
4) If my 485's approved but I don't get the card mailed to me at the time I start my new job (if any) is there a problem?
Thanks for your help and Happy New Year to everybody,
1) EAD/AP expire at the end of March. Should I renew EAD/AP now? The company will not do it, if I apply it on my own will CIS notice this and send me an RFE? If they do send me RFE asking for employment verification letter can I fax back a letter (I believe my company still counts me as an employee now) without letting them know I got laidoff?
2) Regarding H4 application: what's the best way to do it, apply on my own or use an attorney? Do I have enough time to do it in one month on my own?
3) If I find a new job quickly, given that I'm in my 6th year of H1-B, will the new employer be able to transfer my H1-B?
4) If my 485's approved but I don't get the card mailed to me at the time I start my new job (if any) is there a problem?
Thanks for your help and Happy New Year to everybody,
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bitu72
01-14 08:48 PM
while your I485 was in denied status did you work, did u have a backup H1.
I am curious to know if we need to stop working as soon as 485 is denied and wait till MTR goes thru.
I am curious to know if we need to stop working as soon as 485 is denied and wait till MTR goes thru.
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gandhig
05-01 10:42 AM
Receipt ID: 5HW16907AP031790K
Contributed: $100
Contributed: $100
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obviously
07-23 10:31 PM
What an absolutely useless discussion! EB2 and EB3 are based on each employer's attestation of job/work requirements.
Obviously, there is little correlation between book knowledge and real world results. Highly educated lawyers and Top B School MBA's can be found stuck in dead end jobs or suboptimal careers while barely educated street smart folks can be found enjoying productive careers.
So, let us stop this nonsensical analysis about something that adds ZERO value towards the core mission and objectives.
Lets use those 'high skilled' grey cells for something that matters. Stay away from the keyboard if you cannot resist the urge to puke over it with your fingers putting forth filth.
Seriously. Take a break folks!
Obviously, there is little correlation between book knowledge and real world results. Highly educated lawyers and Top B School MBA's can be found stuck in dead end jobs or suboptimal careers while barely educated street smart folks can be found enjoying productive careers.
So, let us stop this nonsensical analysis about something that adds ZERO value towards the core mission and objectives.
Lets use those 'high skilled' grey cells for something that matters. Stay away from the keyboard if you cannot resist the urge to puke over it with your fingers putting forth filth.
Seriously. Take a break folks!
girlfriend Wallpaper of Sachin Tendulkar
chmur
07-18 05:32 PM
If we make collective decision we will have hearding, which means whichever way we go we will be retrogessed.
Nope ....it's opportunity to impose natural justice..sort it by pd irrespective of eb2/eb3 .....you can carry your eb3 pd to eb2...of course one should qualify to be an eb2 candidate..
else , 2007 eb2 PDs will get gc ahead of 2003 eb3s ....
of course,we should continue to support IV's recapture effort because our community at large will be benefited only thru recapture.
Nope ....it's opportunity to impose natural justice..sort it by pd irrespective of eb2/eb3 .....you can carry your eb3 pd to eb2...of course one should qualify to be an eb2 candidate..
else , 2007 eb2 PDs will get gc ahead of 2003 eb3s ....
of course,we should continue to support IV's recapture effort because our community at large will be benefited only thru recapture.
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Alabaman
06-23 05:12 PM
I just made my call and told the lady I was from Harris County in TX. She took down my message!
Dhundhun
09-15 08:20 PM
Hey guys
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
I think they misplaced AC-21 application and also they missed NOID step. This is basically two mishaps. Looks like every thing is messed up.
Motion-to-reopen is right step as after denial, beacse case is deemed to be closed after AOS denial.
I am not sure, how much info-pass can help.
Good luck.
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
I think they misplaced AC-21 application and also they missed NOID step. This is basically two mishaps. Looks like every thing is messed up.
Motion-to-reopen is right step as after denial, beacse case is deemed to be closed after AOS denial.
I am not sure, how much info-pass can help.
Good luck.
Eternal_Hope
06-13 10:09 PM
excuse my unfamiliarity with the process..
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?
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