Written decision mailed

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Hi Everybody sharing with my concern,

I will post my complete details in an hour from now.. I still waiting for the letter from INS. I hope i Will receive today in the mail. I am in Coorado. I will share with all of you my detils.

Thanks a lot for each bit of suggestion in my case. Its a great place. I like the site. I am not worried at all. And to those are waiting... Do not be worry... We will amke it..... WE WILL MAKE IT...
 
She posted for help and no posts from her any more

SubbaReddy,

Sorry she hasn\'t posted anything new since then. Her RD was only two days earlier. However, the INS would rather to deny her application instead of picking her application two days later so her priority date could have been current.

Although I don\'t know her personally, her post did come with her email address. You might want to contact her directly. Please check out her post at:

http://cpaea.org/db/current/i485/2751011760781.html

Good luck!

Nervous
 
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Hi Everybody,

My I-485 is denied ..because of early filing... I should file in Feb but i filed in jan. That was the reason. But no suggestion from the INS. However, they say they can refund the fee.

In this situation...Is it better to file a new submission? Or write a letter to INS? Or both?

If i write a letter: I will put this reason... I apologize for early filing of my I-485. I did not do it intentionally. My I-140 is accepted on Sept 15, 2000. I waited until Jan 2001 because of the priority date. THe USDOJ annonuced the priority dates on Jan 9 2001. At that time I called your office and asked about my priority date. And your office advised me to file I-485. Then only I filed. I missunderstand the priority date concept. I always obilize and respect the regulations of INS. That is why I waited from sept 15 2000 (I-140 acceptance date) until Jan 19 2001 (I-485 filing date). Please Note I filed I-485 after the USDOJ announced priority date of my case (3/27/00) on Jan 9, 2001. I missunderstood this date here.

I will put some more evidence regarding my reserach work and its importance. I will make a big point here. The time is important. Since our research projects are funded by tax dollar payment, it is essential for us to have ample of time to work on .... I will show evidence from National Science Foundation funded project details here.

Do you anybody think any other strong reasons....please post it here..

I am going to represent myself and I do not want heir a lawyer.. I think I can do it. I did whole process from the beginning..I -140.. I think Lawyer is not necessary.

Thanks a lot....
 
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I appreciate everybody....5 th year , Nervous0 whose predictions are right.... All the people.....ramukesi garu thaks for your help....I thank everybody who responded to my querry........thanks a bunch...

Subba Reddy

please respond as soon as possible...

Because after Feb 19, the INS fees are increased ...I want to file everything before that.....
 
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I think you should appeal AND refile. This is because appeals might take very long to get addressed (sometimes more than a year). If you quickly re-file I-485, you need to wait only 6 months and then you are covered by AC21.
I think you absolutely should hire a lawyer. The fact that you didn\'t use one is why you are in this mess. An immigration attorney understands how PD works and would NOT have filed your I-485 before your PD was current.

As for the fact that you had a long wait after I-140 approval to file I-485, well...join the club.
There are many here in these forums, who had frustrating waits to file 485. 5thYearNSC must\'ve waited 7-8 months for the PD to move a couple of weeks so he could file I-485. My I-140 was approved in Apr \'00 and I filed I-485 in Jun \'01 because of PD. That is no excuse.

Wish you the best and hope things woork out...
 
You don\'t have to hire a lawyer, but speak to one.

1) Speak to a lawyer about the letter. It sounds like a good idea, but a lawyer can give you precedence if any. You need not hire a lawyer, but can get phone consultation, for a fee. I think, someone like Rajiv Khanna or Sheela Murthy or Shusterman would charge 100 for half an hour phone consultation. But, still, I would recommend hiring a lawyer; you should have realized that by now, what you overlooked is a simple rule which most of us here in the forum know.

2) Alternatively , you can walk into local INS office (with all the proof) and try; that way you would know one way or the other soon and start your new application immediately.

3) Start the new application process and simultaneously appeal your case.

PS: Fee increase or not, time is of essence in immigration processing, lot of things can happen. If I were you, even though being part of an important project, I would try to get the card ASAP.
 
Both

Subba,

I think you need to do both. I would refile as soon as possible even if the INS didn\'t refund the application fee. I\'m not familiar with NIW --- I guess you probably don\'t care too much about AC21. However, filling your application early still means a lot. You have wasted about a year and you shouldn\'t waste more time.

Since the INS is planning to dramatically reduce its processing time, you probably wouldn\'t need another year to get your approval if you filed your application now. Although the employment-based priority dates might move back next fiscal year, I don\'t think you would be affected at all since your priority date is early enough. It looks like the INS is considering to automate the LC process and to allow filing I-140 and I-485 applications in parallel. Although they probably wouldn\'t adopt these new things in the near future, the trend is to allow people to file their applications earlier. I think you\'d better make sure you are in front of those new applications.

Wish you the best.

Nervous
 
Tense

I did not get RFE info from my old lawyer till now????
       What will be the my next step????

I learnt from AVM that I got RFE on 02/04/02 but I did\'t hear from my lawyer, please let me know with in how many days my attorney will receive it.

I changed my employer after 180 days, I am not sure how my old lawyer will co-operate to inform about my RFE. Is there any way to find out about RFE???

Details:-
RD 02/01
ND 03/01
FP 05/01
EAD/AP 06/01
EB2-NSC-India
 
Sir, this is your 4th posting on the same topic in this message board. Please limit

your postings to one thread/discussions or people may not respond. If you bug your old attorney with too many emails and phone calls even before he has received it he too will definitely not respond. Give them some time!
 
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