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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dealguy007
06-02 04:25 PM
From the day your current one expires.
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03-20 03:42 AM
First one is better, but both of them are great!
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ita
11-19 09:50 AM
My EAD card was returned as undeliverable as Mail Box didn't have my name on it.
I changed my address and requested the Card to be resent. CSR said it would take 3-5 business days.
I spoke with a IIO today and she said it would take 4- 5 months to get remailed as per their policy.
Which one is right ,CSR/IIO?
Is there anything that I could do to get my card earlier?
Thank you.
I changed my address and requested the Card to be resent. CSR said it would take 3-5 business days.
I spoke with a IIO today and she said it would take 4- 5 months to get remailed as per their policy.
Which one is right ,CSR/IIO?
Is there anything that I could do to get my card earlier?
Thank you.
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ca_immigrant
07-29 02:01 PM
It's very painful to deal with these guys at times.
I also tried asking a finance broker about this and never heard back...
Have you tried apporaching another bank or some broker ?
(I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)
I also tried asking a finance broker about this and never heard back...
Have you tried apporaching another bank or some broker ?
(I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)
soumya_bhatta
08-18 11:04 AM
I am on H1B in USA and am an Indian citizen. I have been divorced and about to get remarried. My would be has a natural born kid of from her previous marriage before her husband expired. I will marry her legally per Hindu custom and then complete the registration after that. I will adopt her kid also as per proper procedure.
This is NOT like regular adoption. Usually when a couple can't have any kid of their own, they adopt someone. Or despite having a kid they adopt another kid etc. In these cases getting an H4 is very tough, or so I heard.
Shall I be able to get an H4 for this biological kid of my would be spouse? Again, she is a biological kid of her.
This is NOT like regular adoption. Usually when a couple can't have any kid of their own, they adopt someone. Or despite having a kid they adopt another kid etc. In these cases getting an H4 is very tough, or so I heard.
Shall I be able to get an H4 for this biological kid of my would be spouse? Again, she is a biological kid of her.
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dexa_007
03-19 09:47 PM
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kirupa
04-29 02:49 PM
I don't think the red gradient suits the stamp well either :)
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rajs
10-31 03:51 PM
IM just tring to find out if any one in EB3 cat. are seening any movement or progress by USCIS.
I have a pd of APR 2001 but no progress or lud in the past 1 year
nothing on my file and when i call USCIS they send me a letter saying
still in our prossesing time, but my app date of may 2004 with a approved
i-140
and still waiting for 485 .
I have a pd of APR 2001 but no progress or lud in the past 1 year
nothing on my file and when i call USCIS they send me a letter saying
still in our prossesing time, but my app date of may 2004 with a approved
i-140
and still waiting for 485 .
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mbawa2574
09-04 11:15 PM
with 90 days validity and I have not seen my receipts or checks cashed yet.
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rodnyb
03-03 01:12 PM
http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf
Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000
Solution
The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.
Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000
Solution
The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.
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chinna2003
07-03 09:01 AM
Since H-1 B is an employers petition, It will be delivered to the employers place of business, unless you used an attorney in which case the attorney will have it.
If the notice is lost in the email, you have to request a duplicate notice before you apply for visa at the consulate
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Approval notice sent.
On June 22, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I have received mail from uscis for my H1B visa status.
What to do know.?
Will I receive mail in INDIA or my company who has filled H1B Visa will receive it ?
Today is 03 July 2007 still i have not received any courier from USCIS people.
Please help me what to do next.????
Warm Regards
NITIN
INDIA
If the notice is lost in the email, you have to request a duplicate notice before you apply for visa at the consulate
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Approval notice sent.
On June 22, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I have received mail from uscis for my H1B visa status.
What to do know.?
Will I receive mail in INDIA or my company who has filled H1B Visa will receive it ?
Today is 03 July 2007 still i have not received any courier from USCIS people.
Please help me what to do next.????
Warm Regards
NITIN
INDIA
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nixstor
12-06 10:49 AM
USCIS had been given strict guidelines to process all cases within a six month timeframe depending on the type of the case. But many cases have come to light which are not seeing the light of the day.
How about filing our taxes on April 16, but not on April 15.
What is the relationship between the above two? You will get your return back if its postmarked past the deadline.
How about filing our taxes on April 16, but not on April 15.
What is the relationship between the above two? You will get your return back if its postmarked past the deadline.
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maine_gc
12-17 10:31 AM
KY residents,
Please post your details here and join your state chapter
Please post your details here and join your state chapter
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gc_chahiye
10-17 12:13 AM
I am in a confused situation, any thoughts / guidelines are greatly appreciated..
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
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billu
09-26 08:38 AM
I am on h1b visa in my 6th year. My previous employer had applied for my GC under EB3. My I-140 was approved from old employer with the PD of october 2007.Now, my new employer is going to file the GC under EB2 but the lawyer is not sure if the I-140 would be approved (since its EB2). My question is:
If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.
If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.
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sac-r-ten
01-14 03:12 PM
I hope you are not been adjudicated under the new memo passed few days ago.
Are you working at employer location or client side? Third party vendor etc?
All the best my friend.
Are you working at employer location or client side? Third party vendor etc?
All the best my friend.
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nikhilarora
10-07 05:24 PM
Hi All,
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.
Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.
Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.
Appreciate your valuable answers.
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.
Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.
Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.
Appreciate your valuable answers.
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walking_dude
12-12 01:42 PM
According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL O*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.
sounakc
05-31 06:32 AM
please help
GCVictim
12-02 08:45 PM
Hi friends,
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
2. If my I-485 file rejected after my H1 expired (EAD using) ?
3. How to settle out this ? Do I need to go back india?
Seniors please provide me suggestions.
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
2. If my I-485 file rejected after my H1 expired (EAD using) ?
3. How to settle out this ? Do I need to go back india?
Seniors please provide me suggestions.
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