newbee7
07-05 01:05 AM
From 07 report:
Case Problem Processing
1. How to Submit A Case Problem
The Ombudsman�s website, www.dhs.gov/cisombudsman, provides detailed information on how to submit a case problem:
First, please write a letter or use DHS Form 7001, which was accessible on the Ombudsman�s website as of June 6, 2007. If writing a letter, please provide the following information in the order below to assist in identifying your case.
� For the person with the case problem, please provide the person�s: (1) full name; (2) address; (3) date of birth; (4) country of birth; (5) application/petition receipt number; and (6) �A� number;
� The USCIS office at which the application/petition was filed;
� The filing date of the application/petition; and
� A description of the problem.
Finally, please mail your case problem, including your dated and signed letter and copies of documents relevant to your case inquiry, to either of the following addresses:
Via regular mail:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Via courier service:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
245 Murray Lane
Washington, D.C. 20528-1225
Case Problem Processing
1. How to Submit A Case Problem
The Ombudsman�s website, www.dhs.gov/cisombudsman, provides detailed information on how to submit a case problem:
First, please write a letter or use DHS Form 7001, which was accessible on the Ombudsman�s website as of June 6, 2007. If writing a letter, please provide the following information in the order below to assist in identifying your case.
� For the person with the case problem, please provide the person�s: (1) full name; (2) address; (3) date of birth; (4) country of birth; (5) application/petition receipt number; and (6) �A� number;
� The USCIS office at which the application/petition was filed;
� The filing date of the application/petition; and
� A description of the problem.
Finally, please mail your case problem, including your dated and signed letter and copies of documents relevant to your case inquiry, to either of the following addresses:
Via regular mail:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Via courier service:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
245 Murray Lane
Washington, D.C. 20528-1225
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OLDMONK
06-15 02:52 PM
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
jay1ram2
11-23 02:19 PM
Well Said.
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punjabi
10-09 04:26 PM
Your question has also been answered here:
http://www.murthy.com/news/n_faqrec.html
http://www.murthy.com/news/n_faqrec.html
more...
solaris27
10-15 01:57 PM
i had LUD same day and one day after .
sbvw76
06-02 10:59 AM
Are you not suppose to go back to your country and come back in H1b since L1b is intra-transfer with in your company A?
Pl. consult an attorney..
Pl. consult an attorney..
more...
xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
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gc_on_demand
03-25 02:16 PM
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
more...
abhijitp
11-14 09:19 PM
Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
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authrd
08-22 12:52 PM
This has been bugging me for a while now. I applied for I-485 in July 2007.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
more...
waitingnwaiting
05-20 11:00 AM
I have completed. :)
Thank you for spreading my teachings to you. :D
Thank you for spreading my teachings to you. :D
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SirDuke
01-04 10:02 AM
Are Tweening Engines ok to use? TweenLite for instance?
more...
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belmontboy
09-15 02:53 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Sharab & Kabab.
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Sharab & Kabab.
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franklin
06-15 12:33 AM
Hi
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
more...
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fromnaija
04-05 04:27 PM
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
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desi485
03-24 03:12 PM
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
more...
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gcisadawg
03-09 07:21 PM
My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
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paskal
10-02 05:03 PM
C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
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GCwaitforever
11-12 07:50 AM
Looks like the law suit worked. Congratulations to the Emeries. The other case will be resolved with Dream act. Is not there a TPS for Honduras citizens?
chanduv23
12-08 10:45 PM
Dear Fellow IVans,
While we all want to reap benefits of IV, we must keep IV financially strong. A lot of money is needed for professional lobbying. Thats how things work here in America. Nothing is for free here. IV has been the only organization working collectively for your secure future.
Your continued contributions go a long way towards the grassroots efforts. So please contribute.
If you have never contributed to IV in any form till now, this is the best chance. This is the best time to step in and chip in with some financial help. Just think of it as 1 month without cable Television.
So at the least, please step forward and walk the extra mile and contribute. Please contribute for your own cause.
While we all want to reap benefits of IV, we must keep IV financially strong. A lot of money is needed for professional lobbying. Thats how things work here in America. Nothing is for free here. IV has been the only organization working collectively for your secure future.
Your continued contributions go a long way towards the grassroots efforts. So please contribute.
If you have never contributed to IV in any form till now, this is the best chance. This is the best time to step in and chip in with some financial help. Just think of it as 1 month without cable Television.
So at the least, please step forward and walk the extra mile and contribute. Please contribute for your own cause.
wandmaker
09-25 07:53 PM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
Good one - Nice find
Enjoy
Good one - Nice find
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