mhtanim
06-07 09:51 PM
After sending RFE response, I got 1st LUD on 06/02/2009 with message change.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009
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lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
bkn96
02-18 12:43 PM
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
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coolfun
03-31 03:08 AM
Hi,
As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.
As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:
1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.
2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?
3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?
Thanks a lot for your help.
Regards.
As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.
As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:
1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.
2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?
3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?
Thanks a lot for your help.
Regards.
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mariusp
08-12 03:37 PM
I submitted my 485 on July 12 and I got an 08/05 LUD on my pending I-140. Could be coincidence or they checked my 140 as part of the initial 485 processing...
eastindia
04-20 08:59 AM
I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.
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bitu72
10-03 12:36 PM
would like to know can you transfer H1 based on a copy of H1 and no pay stubs... later on sending a letter from DOL saying they did not give pay stubs timely...
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quizzer
08-18 01:49 PM
Need help ....
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
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DSLStart
09-30 03:30 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
how would you know if you have to get your FP done again...would you get an RFE or something like that?
how would you know if you have to get your FP done again...would you get an RFE or something like that?
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chantu
08-21 10:36 PM
Again, no problem at all. My parents will come after 1 year after getting their visa. It is same case with me. But make sure that when they come, they should not overstay beyond six months or whatever I-94 date.
Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.
One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.
Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.
One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.
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skothuru
06-21 12:03 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
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ivdude
01-28 05:03 PM
Kanwar Chadha --> founder of SiRF
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nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
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sanjeev.mehra@gmail.com
08-05 04:21 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
more...
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looneytunezez
10-04 12:25 PM
if you are not on his W-2, and the contract says that you are....that means he made a false contract, which should be invalid.
i think you can talk to a attorney to get more clear picture, but based on what you say....i think you shld be ok, since his initial contract was false.
http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-enforceable.html
again, I am not attorney and above statement is just my opinion.
i think you can talk to a attorney to get more clear picture, but based on what you say....i think you shld be ok, since his initial contract was false.
http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-enforceable.html
again, I am not attorney and above statement is just my opinion.
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kishore0302
08-06 04:53 PM
DDash ,
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
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sanjay
08-20 09:40 AM
You have been current for a long time based on your profile.. did you check what is the status of your I485 application
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
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reddymjm
01-09 11:39 PM
I would have said 2020 but as you are not part of India or china may be 2015.
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meridiani.planum
07-11 04:05 AM
In case his I-140 was approved then there are no problems for this scenario right?
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
shreekhand
08-05 10:29 AM
True. I had the same question at a one point but got a verbal reply from CBP that since the I-94 has the same number with a new expiry date (the one given on the I-797), you are safe in the records.
Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
starscream
05-30 11:08 AM
Here is a general question to all:
My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?
My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?
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