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 )
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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calgirl
07-20 02:40 PM
you don't need PD's to be current to apply for interim benefits like EAD/AP
Thanks WeShallOvercome. I panicked for a few minutes. :)
Thanks WeShallOvercome. I panicked for a few minutes. :)

GCNirvana007
10-12 11:15 AM
The part I didnt understand is how come you are so stupid? I hope you carry your passport when you go to the bathroom also because a dumb ass sheep like you probably needs it.
Mr.Bhootia - It wont take a second to type back the same.
I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
Mr.Bhootia - It wont take a second to type back the same.
I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
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new_horizon
10-21 12:03 AM
reasoning with you. I can easily refute all your claims, and also prove my point. but I think it'll be a waste of my time. 'coz I am not trying to convert anybody to vote for the repubs. just can't help it, never heard anybody hiring a CEO just because he has experience organizing the company picnic :D . peace.
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Sunx_2004
07-15 01:53 PM
I agree, Don't waste single minute and consult attorney if you haven'nt done so..
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
nousername
01-30 01:11 PM
Sorry to hear about your situation... I seriously hope and pray that your RFE is for a small issue like birth certificate or marriage document..
Good luck and keep us posted on the matter.
God Bless.
Good luck and keep us posted on the matter.
God Bless.
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ramus
07-03 05:09 PM
Thank you..
Here is my $99 by paypal.
Amount: $99.00 USD
Transaction ID: 5DB90775US5552631
Here is my $99 by paypal.
Amount: $99.00 USD
Transaction ID: 5DB90775US5552631
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gunabcd
07-13 10:57 PM
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
continue
Looks like "Jbpvisa" wanted to win the race of posting this article first, and he/she mis-spelled "Murthy" as Murphy. recently somebody came up with a "Secret News.." which was actually his own far fetched fantasy. I don't understand why some people are so thrilled about throwing around sensational sounding posts ? Isn't that similar to creating a chain email hoax?
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
continue
Looks like "Jbpvisa" wanted to win the race of posting this article first, and he/she mis-spelled "Murthy" as Murphy. recently somebody came up with a "Secret News.." which was actually his own far fetched fantasy. I don't understand why some people are so thrilled about throwing around sensational sounding posts ? Isn't that similar to creating a chain email hoax?
more...

gimme_GC2006
04-06 11:31 PM
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
hahahah...too funny
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diptam
06-30 10:48 PM
Yes - USPS express mail is next day. But you may not find a open Post office to post the Mail on SUNDAY.
I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.
USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.
USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
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mallu
06-20 02:54 PM
PD Nov.2002 India EB2( original labor ).
I-485 RD Jul 2006 . AD : June 2008.
Waiting for actual card...:D
I-485 RD Jul 2006 . AD : June 2008.
Waiting for actual card...:D
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Guest007
03-12 02:52 PM
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.
Thank you
Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.
Thank you
Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.
more...
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srkamath
07-03 10:18 PM
Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
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sertasheep
07-04 01:24 AM
Hello Veeru,
Your questions not frivolous. We will keep members updated on our course of action.
More than anything else, we require our members to stand by us, and create awareness in the community.
Thank you for your patience, and faith in us.
On behalf of Core IV team
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
Your questions not frivolous. We will keep members updated on our course of action.
More than anything else, we require our members to stand by us, and create awareness in the community.
Thank you for your patience, and faith in us.
On behalf of Core IV team
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
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jcmenon
07-24 09:31 AM
I totally agree with you. Lets go allout for this. We have to convince this first to IV core to take this up with priority then only we can pursue this with USCIS.
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Legal_In_A_Limbo
03-10 01:08 PM
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
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immique
07-01 04:22 PM
online petition is a very good idea. it is bound to gain increased attention as we make our views clear. having country quotas/limits in EB system does not make any sense. if not addressed quickly the people from retrogressed countries have to wait 15-20 years before they can ever see their green card while applicants from other countries get their green cards in a few months.
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StarSun
03-03 11:05 AM
/\/\/\/\
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immique
07-13 02:03 AM
the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
sanju_dba
08-10 02:45 PM
Count me in!
nojoke
10-23 01:19 AM
my detailed post went missing:mad: ...dunno why nojoke edited it out :D.
to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).
u need to look a little back for ur post to appear.
mccain is the ceo of which company? If he has been in senate for 26 years for so long without promotion that looks bad for his resume:D
Whether you like it or not, Obama is getting elected. And you will love this video
http://www.thedailyshow.com/video/index.jhtml?videoId=188638&title=understanding-real-america-in
to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).
u need to look a little back for ur post to appear.
mccain is the ceo of which company? If he has been in senate for 26 years for so long without promotion that looks bad for his resume:D
Whether you like it or not, Obama is getting elected. And you will love this video
http://www.thedailyshow.com/video/index.jhtml?videoId=188638&title=understanding-real-america-in


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