mixednut
02-21 02:33 PM
It appears that US CIS lost my I-90 application a year ago and subsequent attempts to get a replacement GC failed thus far. Best course of action?
Here are the details...
Received GC in 1999. Last year when I tried to get a re-entry permit (I-131), US CIS mailed me a notice saying that my GC had the wrong A-number on it (US CIS administrative error), and needed to be replaced via I-90.
The notice also said that while waiting for the replacement GC, I could go to the district office, obtain a temporary GC, and then re-file for I-131.
So in January 2007, I filed the no-cost I-90, where the reason was, "My card was issued with incorrect information because of a USCIS administrative error. I have attached the incorrect card and evidence of the correct information." The application included the original GC with the "bad" A-number, and was sent via certified mail, receipt requested. Later, I received a confirmation from US Mail that the application was delivered.
Subsequent multiple requests to US CIS produced the response, "We have no record of your application". Subsequently mailed copied of the I-90 application, produced a response, "denied, your did not include a GC with your application".
I did another "Service Request" with US CIS yesterday, and am pretty sure the response will be the same, "We have no record of your application".
What would you suggest as the best course of action? Just file a full cost (about $300?) I-90 declaring the GC "lost", and forget that it was the US CIS error?
Thanks for any help!
Here are the details...
Received GC in 1999. Last year when I tried to get a re-entry permit (I-131), US CIS mailed me a notice saying that my GC had the wrong A-number on it (US CIS administrative error), and needed to be replaced via I-90.
The notice also said that while waiting for the replacement GC, I could go to the district office, obtain a temporary GC, and then re-file for I-131.
So in January 2007, I filed the no-cost I-90, where the reason was, "My card was issued with incorrect information because of a USCIS administrative error. I have attached the incorrect card and evidence of the correct information." The application included the original GC with the "bad" A-number, and was sent via certified mail, receipt requested. Later, I received a confirmation from US Mail that the application was delivered.
Subsequent multiple requests to US CIS produced the response, "We have no record of your application". Subsequently mailed copied of the I-90 application, produced a response, "denied, your did not include a GC with your application".
I did another "Service Request" with US CIS yesterday, and am pretty sure the response will be the same, "We have no record of your application".
What would you suggest as the best course of action? Just file a full cost (about $300?) I-90 declaring the GC "lost", and forget that it was the US CIS error?
Thanks for any help!
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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.
reddy75
01-15 10:12 AM
Hello guys,
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
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jthomas
04-17 12:07 AM
Can't avoid anything that future hold for you.
1. It would be good if the employer does not let USCIS know about your layoff.
2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
3. Hoping your employer does not revoke your I-140
4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.
1. It would be good if the employer does not let USCIS know about your layoff.
2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
3. Hoping your employer does not revoke your I-140
4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.
more...
martinvisalaw
01-13 03:12 PM
Provided that the H-1B extension was filed before the prior H-1B status expired, you can stay in the US and work for that employer while the extension is pending.
eastindia
10-15 11:59 AM
Is that all US citizens of India origin do in USA politically?
They only care about such news and feel happy?
And who are these so called Indian leaders shown in the video? What have they done for us.
What BS .
I am amazed that people are posting this link and feeling happy about it on the forum.
They only care about such news and feel happy?
And who are these so called Indian leaders shown in the video? What have they done for us.
What BS .
I am amazed that people are posting this link and feeling happy about it on the forum.
more...
vmgc2007
10-24 11:50 AM
My friend's application got rejected for incorrect filling fee, how ever his attorney refiled the case, let's how long does it take to get the receipt ??any one got receipts after refiling ?
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saibaba
12-04 12:06 PM
In the I-140, Immigration Petition for Alien Worker, under �Basic information about proposed employment�, in the �Wages per week� column it is written as $XX,XXX/yr.
Is this the amount my employer offered in the full time position that he offered while processing my GC?
Do I have to make sure my salary with new employer should be more than $XX,XXX/yr?
Also my original employer who filed my GC mentioned my designation as Software Engineer � Applications, Do I need to have same designation in the new firm? Or can it be anything under Software Engineering like design, programming, analysis,developer,data quality,testing etc?
Is this the amount my employer offered in the full time position that he offered while processing my GC?
Do I have to make sure my salary with new employer should be more than $XX,XXX/yr?
Also my original employer who filed my GC mentioned my designation as Software Engineer � Applications, Do I need to have same designation in the new firm? Or can it be anything under Software Engineering like design, programming, analysis,developer,data quality,testing etc?
more...
astudi
07-19 05:09 PM
My H1-B was approved in octubre 2008, I would like to go to my home country but i don't have a visa to be able to come back.
Now my question is:
Having an approved H1-b is a warranty for me to get a visa to come back to the US.
Now my question is:
Having an approved H1-b is a warranty for me to get a visa to come back to the US.
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ash27
09-25 11:27 AM
My wife is currently on H4 Visa & she currently has a TIN number. We received our EAD in mail last week. Can we apply SSN for her?
more...
sh1974
05-04 11:37 AM
Hi All,
I recently noticed the Audited Dates for PERM moved up nearly by 9 months to Dec 2009.
My labor filed in June 2009 has been in audit.
My employer is telling that that still my case is in process.
Has any body filed in 2009 and been in Audit got it approved recently?
Those of you who have audited PERMS should check with the employers as the employers may not be checking the status regularly. Please do post if you have any updates.
I recently noticed the Audited Dates for PERM moved up nearly by 9 months to Dec 2009.
My labor filed in June 2009 has been in audit.
My employer is telling that that still my case is in process.
Has any body filed in 2009 and been in Audit got it approved recently?
Those of you who have audited PERMS should check with the employers as the employers may not be checking the status regularly. Please do post if you have any updates.
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Digitalosophy
10-19 02:11 PM
No it's not.
Flash, php, mySQL
Flash, php, mySQL
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cbpds
07-23 06:19 PM
According to the revised law, a law officer cannot approach any legal immigrant and ask for documents unless he is already questioning that person for some other offence
Hence I dont think u need to take the docs to an Ice cream shop, but a copy in the car or something wud suffice logically !!
Has anyone considered: In Arizona, what's going to happen to all of the immigrants who are there perfectly legally and are actually creating American jobs via the EB5 green card program? Will the be harassed? I say probably.
Hence I dont think u need to take the docs to an Ice cream shop, but a copy in the car or something wud suffice logically !!
Has anyone considered: In Arizona, what's going to happen to all of the immigrants who are there perfectly legally and are actually creating American jobs via the EB5 green card program? Will the be harassed? I say probably.
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waitingfor
09-12 03:18 PM
Hi IM Folks,
Can somebody please let me know do we get any letter from USCIS if your name is under Name check process ??Please confirm
Thanks
Can somebody please let me know do we get any letter from USCIS if your name is under Name check process ??Please confirm
Thanks
more...
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GCeffect
09-24 05:17 PM
My 6th year of H1b is expiring in the Sep 26, 2008. I already applied for my H1b renewal and already got the receipt. I'm Eb3 - ROW.
My and my wife also applied for our EAD renewal in jun 1, 2008 (Nabraska). didn't receive anything till now. My wife needs that to continue with her job, we already expedite the process last week.
I also visited home couple of months and and entered Us using my AP.
I have some question regarding all those issues:
1) Can I get a business license when i'm working with the H1b and have the EAD?
2) Does it going to have any effect on my green card process or H1b status?
3) If i have the problem then can i open the business license under my wife's name as she will be in the EAD.
4) My PD is May 2006. Any chance it will be current in next 6 months?
Please give your feedbacks with your expertise guys. it's been very help for long time for me. Thanks ahead
My and my wife also applied for our EAD renewal in jun 1, 2008 (Nabraska). didn't receive anything till now. My wife needs that to continue with her job, we already expedite the process last week.
I also visited home couple of months and and entered Us using my AP.
I have some question regarding all those issues:
1) Can I get a business license when i'm working with the H1b and have the EAD?
2) Does it going to have any effect on my green card process or H1b status?
3) If i have the problem then can i open the business license under my wife's name as she will be in the EAD.
4) My PD is May 2006. Any chance it will be current in next 6 months?
Please give your feedbacks with your expertise guys. it's been very help for long time for me. Thanks ahead
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HV000
09-30 10:22 PM
Thanks For The Post!!
more...
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Blog Feeds
05-20 01:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Chun in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.
Recently, Alan Bersin (http://en.wikipedia.org/wiki/Alan_Bersin), the commissioner of US Customs and Border Protection (http://www.cbp.gov/) -- the head of all the border guards -- told Congress (http://www.google.com/hostednews/ap/article/ALeqM5j07I9Bw4Q1kxusXReW4qAjNPdR2AD9FM4S300) that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.
Bersin is the head of US Customs and Border Protection.
Bersin is a former California Secretary of Education.
Bersin is a former US Attorney.
Bersin went to Harvard and Yale.
Bersin says he had no idea he had to follow the law?
Why is he lying to us?
--jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/05/even-federal-officials-dont-know-immigration-law.html)
http://www.immigrationvisaattorneyblog.com/Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Chun in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.
Recently, Alan Bersin (http://en.wikipedia.org/wiki/Alan_Bersin), the commissioner of US Customs and Border Protection (http://www.cbp.gov/) -- the head of all the border guards -- told Congress (http://www.google.com/hostednews/ap/article/ALeqM5j07I9Bw4Q1kxusXReW4qAjNPdR2AD9FM4S300) that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.
Bersin is the head of US Customs and Border Protection.
Bersin is a former California Secretary of Education.
Bersin is a former US Attorney.
Bersin went to Harvard and Yale.
Bersin says he had no idea he had to follow the law?
Why is he lying to us?
--jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/05/even-federal-officials-dont-know-immigration-law.html)
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Kodi
06-07 08:55 AM
My 6th year on H1 ends Dec 2007. My PERM LC is pending and the lawyer is confident I won't run into problems. My question is after 6 years on H1 can I switch to H4 since my husband is on H1? Or if 6 years max given for an H visa?
Thank you.
Thank you.
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waiting4gc02
04-08 11:39 AM
Guys:
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
martinvisalaw
02-09 10:02 AM
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
Yes, this should be possible assuming your priority date is still backlogged. If not, you can at least get the unused part of your 6 years.
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ? I have copy of the H1B approval but not sure if it has been revoked.
I think I just answered this above.
Yes, this should be possible assuming your priority date is still backlogged. If not, you can at least get the unused part of your 6 years.
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ? I have copy of the H1B approval but not sure if it has been revoked.
I think I just answered this above.
SKK2004
08-27 11:39 AM
Thank you for the info. Mine is first time EAD and some other members informed that even for the first-time EAD, FP may not be "required".
My wife and I also had our EADs renewed last month. We received our new EADs sometime in the last week of July and neither of us had any Finger Print notices.
My wife and I also had our EADs renewed last month. We received our new EADs sometime in the last week of July and neither of us had any Finger Print notices.
