fatjoe
09-05 01:02 PM
I guess, if you attorney represented you thru' form G-28, then it goes your attr. If you have not sent G28, then you will get it directly. Guys, correct me if I'm wrong.
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Singer
10-21 11:06 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
needhelp!
11-06 06:52 PM
brij523.. Taking time out for IV even though you have your GC
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Imigrait
02-05 01:06 PM
From your description it looks like you are moving to a new company.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.
Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.
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sintax321
10-02 01:13 PM
How did you do that great green liquid effect. The colors are amazing. How did you do this I must know. Is there a tutorial some where that you played with or did you just sit down and see what happended? Amazing looks Greathttp://www.kirupa.com/forums/smileys_files/bigthumb.gif
never_giveup
11-05 03:13 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
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leo2606
10-15 09:35 PM
Is your degree 3 years, 4 years or AMIE?
Hi
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3
What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise
Hi
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3
What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise
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GCisLottery
05-25 08:17 AM
It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)
I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)
245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)
245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
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mrajatish
06-18 05:55 PM
Exactly the same as mine (except that I needed to copy whole passport)
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mytv
09-01 09:32 PM
Thank You
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looivy
10-06 02:07 AM
Hi IV Team,
Excellent job building up this team of notable advisors.
Thanks.
Excellent job building up this team of notable advisors.
Thanks.
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small2006
07-17 10:51 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?
Thanks.
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?
Thanks.
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GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
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MeraNaamJoker
08-13 03:04 PM
This seems to be a unique situation.
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
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Lollerskater
10-30 02:33 PM
Look guys, I'm a J.Barret 10:25am NSC case. I've already gotten my receipt, but my heart really goes out to all of you. I understand your pain firsthand.
What I want to say to you is, don't just sit here complaining. Do something! There are many other threads with advice as to what might be relevant to your case. Look around for CADude's posts. His information is very useful. I also posted my own experiences and solutions.
Read everything. Find out exactly what the hell is going on. Figure out all the factors. Understand the situation. An old movie had the saying "Chance favors the prepared mind." It's true.
I pray you will get out of this rut asap.
What I want to say to you is, don't just sit here complaining. Do something! There are many other threads with advice as to what might be relevant to your case. Look around for CADude's posts. His information is very useful. I also posted my own experiences and solutions.
Read everything. Find out exactly what the hell is going on. Figure out all the factors. Understand the situation. An old movie had the saying "Chance favors the prepared mind." It's true.
I pray you will get out of this rut asap.
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rsrikant
10-31 03:43 PM
hey guys,
i apply at tsc on aug 3rd. transferred to vsc.
ead card production ordered 10/22
ead card received 10/27
no email received for approval notice
FP received from tsc 10/29.
i apply at tsc on aug 3rd. transferred to vsc.
ead card production ordered 10/22
ead card received 10/27
no email received for approval notice
FP received from tsc 10/29.
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neoklaus
11-01 01:44 PM
EB3(ROW)
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
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Brasco
January 28th, 2008, 04:29 PM
It's actually a myth that a longer lens requires a higher aperture. For the same framing, you get the same DOF (Depth Of Field) for the same aperture, whether you use a 600mm telephoto lens or a 4.5mm ultra-fisheye. - Mats
You are technically correct of course, but for practical purposes, if Shannon's primary goal is trying to capture a good depth of field of a child running around, and based on Shannon's comment about the willingness to crop, DOF will be easier to achieve with a wider lens.
Having said that, it was good for you to provide the rest of the story as it may be the basis of decisioning as the skills improve.
You are technically correct of course, but for practical purposes, if Shannon's primary goal is trying to capture a good depth of field of a child running around, and based on Shannon's comment about the willingness to crop, DOF will be easier to achieve with a wider lens.
Having said that, it was good for you to provide the rest of the story as it may be the basis of decisioning as the skills improve.
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needhelp!
10-10 05:41 PM
time to move on...
yagw
07-27 02:58 PM
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just a suggestion, if you don't want to update your case status now (aka "rock the boat"), then you can commute/telecommute from old address till sept 1.
DISCLAIMER: I am not an Attorney and this is not a legal advice
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just a suggestion, if you don't want to update your case status now (aka "rock the boat"), then you can commute/telecommute from old address till sept 1.
DISCLAIMER: I am not an Attorney and this is not a legal advice
mkkcbe
11-01 01:22 PM
Completely agree with you! It is just frustrating to know that NSC takes such a long time to process I-140s. TSC is much better with respect to I-140 processing.
I am at the last year of H1. So I hope they will approve my case soon, so that I can go for 3 yr extension.
I am at the last year of H1. So I hope they will approve my case soon, so that I can go for 3 yr extension.
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