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  • chansek
    07-23 07:40 PM
    Hi,

    Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.

    Please let me know any one in the same situation and advise what are the options do i have.

    Thanks,
    chansek.





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  • Sunx_2004
    04-01 06:39 PM
    As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
    Any inputs..
    I am in serious trouble, please read and comment if you can help.

    - Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
    - Spouse Application is approved in July 2008
    - Spouse changes employers after approval
    - In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
    - In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
    - In March 08 I get an email from USCIS stating my application is withdrawn.

    I obtained the notice of withdrawal and the notice says
    'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
    Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

    what can we do.
    Is it possible to reinstate our case?
    Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?





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  • logiclife
    04-01 05:31 PM
    Just sent fax # 10 and 11.

    --Jay.





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  • singhsa3
    01-03 06:58 PM
    A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D



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  • nixstor
    08-31 05:29 PM
    Forget Polls. Polls are no way going to help any one. If people are complacent that they have filed for 485 and can enjoy the ride they are mistaken. If people are worried that their receipts havent been generated in 60 days, they are unnecessarily worried.

    If all the people in the DC area who are affected by this participate along with their families, we have more than 10,000 number. As paskal said, my job my vacation, my manager, my time off, my, my ... my. I am talking with people and I explain them. I get a weird response. What can I do? I filed for my 485. I will get my EAD & AP.

    I ask those guys what will you do if the economy tanks in Dec/Jan time frame and you lose your job? All the hard work you have done in your job for the past 6-8 years, your manager and nothing comes to rescue on that day.

    Its our choice. Its in our hands. Its in our minds to make a decision to actively participate in the rally.

    Call your friends in DC and wake them up. Let them cuss at you. Dont give up. Dont give up





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  • minimalist
    10-28 07:01 PM
    Hi All,

    Sorry to bring this thread back.

    See, what IV few members have written. I found them again in user control panel along with RED dots. I stopped caring about RED dots.

    But, there are some comments that really hurts.
    These are the comments few IV members wrote about my posting while giving a RED dot. Though I stopped caring about RED/Green's

    One must behave like a civilized person. We came here with atleast Bachelors Degree. Some of them with Master Degree / PhD's. Majority of us are educated and know how to behave with people.

    Do you know , how it hurts some one?. Are they doing in Green Card frustration? or Are they doing it wanted?.

    Guys, all those who responded previously to this thread and and backed up fellow IV members, what do you say now?.

    Good Bye for ever guys?.
    don't support such kind of behaviour.But the problem is there is nothing anyone can do about it. Hope you understand the limitations of the admins.



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  • sanbaj
    07-23 10:34 AM
    Congratulations!! Can you check your PM and respond? Thanks
    I replied to you PM.





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  • singhsa3
    11-21 12:26 PM
    Interestingly, on our last visit to DC two congressional offices asked the very same question. They were actually surprised to hear that there is a problem.
    The baby that cries the most gets the milk first...

    The question I was asked my the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help?



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  • kevinkris
    05-08 02:44 PM
    can't wait to see responses from GC holders..





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  • rayoflight
    05-31 10:27 PM
    Voted Yes - Done...



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  • gsc999
    09-08 12:00 AM
    It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(
    ----
    I booked it real early, like a month ahead. No worries. I am sure there are a tons of places still around.

    See you in DC





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  • priderock
    06-27 05:05 PM
    I understand ...................blah....??? any ideas ??

    Yes, I have one :

    You missed adding another option in the poll.

    Option 3: "This idea is a non-starter, It wont work. "


    Why do you care if you had already applied ?
    Sorry !! Don't mean to beat the dead horse.



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  • Tito_ortiz
    12-04 11:29 PM
    Alterego,

    It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.

    Alterego, one more time you are right.

    Tito

    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?





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  • neelu
    04-20 12:20 PM
    Here's what I sent...

    I am writing to inform you of how the country based quotas imposed on Employment (http://immigrationvoice.org/forum/showthread.php?p=335690#) Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a very short time (about an year).

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this unfair policy and reinforce that America is truly a society that celebrates meritocracy.

    About me:
    I have been in the US for over 10 years. I work for company ABC, for which I am happy to say, I recently wrote an algorithm (patent pending) which brought in about 10 million dollars worth of contracts to my company.

    I have paid $xyzn federal taxes, $xyz in state taxes, $xyz in medicare taxes & $xyz in SSN taxes over the last 10 years. There are my monetary contributions to this country.

    I was privileged to have volunteered in your 2008 presidential campaign. I was and am inspired by the new politics and policies that you talked about. A legal immigration fix is something that is low cost high benefit for the country - so I implore you to make this a high priority.

    Thank you.

    Hello Neelu,

    Can you share the draft of your modified letter?

    thx.



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  • apb
    07-03 02:11 PM
    Medicals - $700
    Application fee = $1490
    Certificates/copy/fedex = $200
    Loss in pay (in gathering medical/certificates/mailing) = $1500





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  • Legal
    06-10 04:59 PM
    I 100% agree with you about visa capture...

    Additionally, they can "spill over" only in the last quarter...
    So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....

    I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)

    I agree with your comments about "things not adding up".

    Not sure about any language specifying spillover can occur only at the end of the year.

    Doubt if there is anything in the law that prevents spillover to be used every quarter.



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  • thamizhan
    07-19 09:54 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.





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  • shiankuraaf
    11-25 12:50 PM
    Great Job..... I am eagerly looking for the release of the BL report.





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  • peacocklover
    08-02 12:46 PM
    Every employment based immigrant who aspires to settle here in US to realize their American dream for their kids better future like the way you think.. if America doesn't welcome him, he will look for competitive job in some other country where he is welcomed or he will go back to his own mother country... if you don't promote the insource of worlds best talent in to US economy...that job will be outsourced for sure in couple of years...young talents on the other side of the planet are working like rocket scientists with innovative engineering brain to keep their economies rising to reach number one position in the world...if you observe the salaries these days in India and china..they are on par with US jobs and more in some companies..there will be no stand to mentality of the people once they struggle for their existence with the job and other issues in the life...it goes with money mostly......if you think on the other side like if govt welcomes those same young talents who can create jobs and can help US economy to continue its journey with out putting per country limit for in sourcing the talent..:cool:


    Never say never, I dont know what my kids will do, they will go where is best for them.

    And Best is not just GDP, Romania hast 4 times more GDP per capita compared to India, but I don't see my self going back there. Coruption, stupid mentality, etc. dis will not change with GDP growth, to change the mentality of the people you need a couple of generation to die until you get somwhere close to USA.:(





    PD_Dec2002
    06-19 03:04 PM
    You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....

    desi3933 and WillIBLucky:

    My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.

    It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.

    Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".

    Having written all this, please check with your own lawyers and do what they advise.

    Thanks,
    Jayant





    transpass
    12-01 12:09 PM
    the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?

    I dont see any news release saying that there will be X number or quaterly spillovers...

    Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??

    Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...

    1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"

    2. Since the spillover also includes Family based to EB, this even more complicates the above issue.

    3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...



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