Sparkling
04-26 04:37 PM
Dear Lawyer,
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
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saimrathi
07-10 09:17 AM
Yes lets create threads as per our convenience..:mad:
sanju_dba
06-10 03:05 PM
Hello All,
My employer has job posting Bachelor's degree with 7 years of experience but does not say anything about Masters Degree. Wanted to know this job requirement fall under EB2 or EB3?. appreciate for the response.
The advt is very sensitive. My friend lost his eb2 chance because of that.
its MS or Bachelor's degree with PROGRESSIVE experience.
Did you got it screended with your/company attorney about the advt description
My employer has job posting Bachelor's degree with 7 years of experience but does not say anything about Masters Degree. Wanted to know this job requirement fall under EB2 or EB3?. appreciate for the response.
The advt is very sensitive. My friend lost his eb2 chance because of that.
its MS or Bachelor's degree with PROGRESSIVE experience.
Did you got it screended with your/company attorney about the advt description
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chanduv23
09-17 10:14 AM
IV wants you to help yourself and coming to the rally
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ras
06-13 02:50 PM
Couple of questions folks:
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
h_shaik
10-25 01:48 PM
bump
more...
arif
03-07 08:44 AM
Thank you very guyz. It really helps.
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nonimmi
08-30 12:37 PM
Who will be responsible for psychological torcher with less then 50% pay.
Socially isolated coz of not driving.
How one can see the big time loss of applicant.
3 years easily one can wait can say but why for more then 6 yers.
Who are talking time management that didn't applies here.
Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.
This shows the effect of retrogression!!
Socially isolated coz of not driving.
How one can see the big time loss of applicant.
3 years easily one can wait can say but why for more then 6 yers.
Who are talking time management that didn't applies here.
Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.
This shows the effect of retrogression!!
more...
thomachan72
10-25 11:13 AM
I have a PD of April 2008 in the EB2-I category, but am exploring the option of switching to EB1 if possible. I am a clinical psychologist, working in a not-for-profit agency. What are my chances? Does it depend more on the case itself or a really good lawyer who can present your case in the best way it can be presented? This is a really stressful situation because my husband's H1-B runs out next summer and we cannot live here on just my income. Any feedback?
I believe the case itself is the major factor. The credentials/publications/patents + solid letters of recomendations etc is the major factor. The attorney can advice you on the types of letters or proofs that are required to substantiate your case but not more. And ofcourse once you have decided that you could potential go for the EB1, I would certainly ask others for attorneys who have had more success in EB1 cases. The "good" attorney will evaluate your total package and asks you for more documents if it is not good enough. Others will take your money and all material you send and just send it over to the CIS.
I believe the case itself is the major factor. The credentials/publications/patents + solid letters of recomendations etc is the major factor. The attorney can advice you on the types of letters or proofs that are required to substantiate your case but not more. And ofcourse once you have decided that you could potential go for the EB1, I would certainly ask others for attorneys who have had more success in EB1 cases. The "good" attorney will evaluate your total package and asks you for more documents if it is not good enough. Others will take your money and all material you send and just send it over to the CIS.
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ivar
03-02 09:08 PM
Looks like there is a huge backlog of perm applications. I am not sure if they will look at your application anytime soon. If your application is pending more than a year at least you could apply for extension of H1.
It will be delusional on our part to think that perm applications will have an easy approvals.
Stuggling to get a PERM approval since JUN 07. For a moment if i just forget about this PERM, What are the chances that my H1b Extension will be approved without any problem? My situation is I have completed 5 years and 4 months on H1b. My visa expires Mar 2010 and my 6 yrs term expires in NOV 2010, out of USA stay of only one month. I switched only one employer after coming to US. With the new employer since Mar 07. Will there be any problem with H1b Extension till OCT 2010
Thanks,
R.
It will be delusional on our part to think that perm applications will have an easy approvals.
Stuggling to get a PERM approval since JUN 07. For a moment if i just forget about this PERM, What are the chances that my H1b Extension will be approved without any problem? My situation is I have completed 5 years and 4 months on H1b. My visa expires Mar 2010 and my 6 yrs term expires in NOV 2010, out of USA stay of only one month. I switched only one employer after coming to US. With the new employer since Mar 07. Will there be any problem with H1b Extension till OCT 2010
Thanks,
R.
more...
gawadejyoti
03-30 11:01 PM
I have a same problem..
I have L1-B visa . my visa and i-94 are expiring on aug-09.
did you get the solution ..if yes..could you email me on gawadejyoti@rediffmail.com
I have L1-B visa . my visa and i-94 are expiring on aug-09.
did you get the solution ..if yes..could you email me on gawadejyoti@rediffmail.com
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nobody
05-30 12:57 PM
The text is a bit hard to read, but I really like the rest of it
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indyanguy
11-16 10:20 AM
Mine was sent out on July 2nd. Received AP and EAD. The LUD on 140 and 485 is 9/21/07.
Filed in NSC. No FP yet.
Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update
Filed in NSC. No FP yet.
Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update
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TUnlimited
10-13 05:30 PM
We got our EAD cards today.
We had gone for FP on Sept 19th and saw LUDs on Sep 20th on our I-485s. But the EAD cards came without our fingerprints. EAD cards came from the same Service center (Nebraska) where the FP notices came from. So wondering, how they did not include our fingerprints in the EAD card?? I had also checked with FBI helpline two weeks back and verified that the FPs were delivered to USCIS.
Anybody else in similar situation?
July 29 filer, Nebraska
I-140 approved from Texas , Jan 2007
EB-3, PD: May 11 2001
When you did your FP, for what particular benefit it was intended? Was it strictly for 485 or was it combined for 485 and 765? If it was just for 485 - why do you expect it appear on your 765 and EAD card? As far as it known, 485 and 765 are complete different things and not related to each other in any way. Didn't you know that?
We had gone for FP on Sept 19th and saw LUDs on Sep 20th on our I-485s. But the EAD cards came without our fingerprints. EAD cards came from the same Service center (Nebraska) where the FP notices came from. So wondering, how they did not include our fingerprints in the EAD card?? I had also checked with FBI helpline two weeks back and verified that the FPs were delivered to USCIS.
Anybody else in similar situation?
July 29 filer, Nebraska
I-140 approved from Texas , Jan 2007
EB-3, PD: May 11 2001
When you did your FP, for what particular benefit it was intended? Was it strictly for 485 or was it combined for 485 and 765? If it was just for 485 - why do you expect it appear on your 765 and EAD card? As far as it known, 485 and 765 are complete different things and not related to each other in any way. Didn't you know that?
more...
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123456mg
12-12 06:20 PM
You are not alone. I will be joining the same pool. In fact, I have already served a notice and would be leaving this company of mine on the same day on which I will be flying to India. I do not know if there will be any issues of it while coming back on AP but I would have already passed 180 days well before it.
Gurus, please advise.
Gurus, please advise.
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kerz
07-26 01:38 PM
Are there any rules that you need to leave a country during 30 days after your H1-B got approved. Almost all my friends needed but my lawyer said that I don't need to. I am confused what if he makes a mistake.
Thanks
Thanks
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hibworker
03-28 04:18 PM
Hello folks
My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.
Thanks
I don't think so. The VO is interested in ensuring that your in-laws are visiting US for tourism / family visit and will return back after the visit. VO also wants to ensure that someone will pay for the entire trip and they will not become public burden.
My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.
Thanks
I don't think so. The VO is interested in ensuring that your in-laws are visiting US for tourism / family visit and will return back after the visit. VO also wants to ensure that someone will pay for the entire trip and they will not become public burden.
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rkgc
09-30 01:10 PM
This would do world of good for people & fly like mine. What is the other thread's subject, where Papu has mentioned about this?
RK
RK
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ashkam
04-21 04:38 PM
Like RNGC said, once you're in parolee status, I94 expiration date is irrelevant. You are in valid status until your I-485 gets approved or denied.
ssdtm
06-24 10:10 PM
Do we need to send the copy or the original of the Employment letter for filing 485?
hetuweb
02-04 08:08 PM
My i485 was filed in july �07 and I got my AP in oct. �07, which is valid up to oct. �08
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
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