a_yaja
07-18 09:24 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
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puriyu
03-31 10:03 AM
Yes you can go for stamping in Halifax if you didn't change your employer.So if you going for restamping while working with same employer you are eligible.
fatjoe
10-25 09:05 PM
I had a couple of appointments in Detroit in the past two months. Got to meet with two different IOs, who were cordial. At least told me that I was pre-adjudicated. But refused to dis-close any other info.
Anyhow, got CPO emails for me and and my son on Oct 22nd. My spouse's case is at Detoir office. Planning to go to Detroit tomorrow, to see what's up with his case. Is there anyone, who got approval from Detroit office.
Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.
Anyhow, got CPO emails for me and and my son on Oct 22nd. My spouse's case is at Detoir office. Planning to go to Detroit tomorrow, to see what's up with his case. Is there anyone, who got approval from Detroit office.
Detroit Infopass officers are laid back, if it is the same heavy lady you had to go to I sympathize with you. She was the most mean govt official I have come across in past 10 years. Her response to me was the details about my case cannot be discussed due to National Security reasons, tried ask another question and was abruptly cut to be asked to wait.
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h1b_forever
10-06 02:07 PM
This is great news. Hope we see some names from the Congress on the list
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factoryman
07-02 02:29 AM
IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.
First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.
I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.
The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.
Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.
yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...
Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"
First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.
I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.
The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.
Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.
yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...
Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"
viveksri
02-28 02:13 AM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
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hate_me
03-21 09:09 AM
Online status is not always updated and cannot be trusted that much, I recieved my EAD in October and online status still shows as PROCESSING. Have your friend talk to his attorney and employer and ask them if they have recieved I140 denial notice. And anyways your friend needs attorney's help as this is not a general question which can be answered on the forum by everyone. Tell him not to waste time and look at all the options. Good Luck
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
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h1bmajdoor
04-22 08:43 AM
hello dears.
a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".
i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.
i asked an immigration lawyer about this.
this practice is illegal and basically to intimidate you.
the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.
since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.
http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf
"Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."
http://www.desicrunch.com/Articles/SlumberingGiant.html
a lot of desi consultants are made to pay for h1 and gc costs. especially in NJ by the "Jersey boys".
i am also in the situation where if i quit i'll have to pay the company all the costs of the GC. some of you have also paid the company for h1 costs.
i asked an immigration lawyer about this.
this practice is illegal and basically to intimidate you.
the company got you here justifying your presence as being good for business (the said they could not find your skillset here). and they are taking tax deductions on this spending.
since they got you here for their good (we know that!), they have to bear all these costs. if they ask you to bear it, it is illegal and they are commiting immigration and labour fraud.
http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf
"Deduction of attorney�s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer�s business expenses and, for this reason, are not authorized deductions."
http://www.desicrunch.com/Articles/SlumberingGiant.html
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ragunath
10-22 10:51 PM
Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.
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hopeforgc
06-21 04:58 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
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little_willy
07-28 06:24 PM
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864
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talash
10-16 09:09 PM
http://www.uscis.gov/files/form/I-290Binstr.pdf
Read where to file .It clearly says 30 to 33 dys
Read where to file .It clearly says 30 to 33 dys
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chintals
11-02 05:38 PM
I also got RFE from VSC for AP reg PP clear copies. In my case, lawyer asked to send me clear copies of bigraphic info which means first and last page of PP showing photo and name and other info. I scanned and sent color images to my lawyer. So strange that all VSC people are getting this RFE.
Online status simply shows, recieved and pending.. Does not reflect the RFE at all.
Online status simply shows, recieved and pending.. Does not reflect the RFE at all.
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slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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roseball
03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
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mbm
12-14 03:02 PM
I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.
My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.
When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.
My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.
When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.
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Since1997
08-13 11:24 AM
Couple of Jul 2nd filers got receipts - as per murthy forum members.....
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glus
03-19 11:55 AM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
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EkAurAaya
10-18 06:07 PM
Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.
Actually even after we obtain Citizenship... unless our skin color magically changes with Citizenship j/k :D
Actually even after we obtain Citizenship... unless our skin color magically changes with Citizenship j/k :D
no-tec
10-20 09:18 PM
i got sotw a few weeks ago. what swirl thing?
ssterian01
07-02 12:18 PM
Hi All,
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
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