glores1970
07-26 03:56 PM
Good that we see more proof of Apps received on Jun 29 getting receipted.
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
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sundarpn
11-17 11:33 PM
Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
tor78
08-20 03:22 PM
Just curious, how did they find out?
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gc_chahiye
11-29 05:21 PM
I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy (http://en.wikipedia.org/wiki/Murphy's_law).
Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)
Also, depends on what the RFE is:
* if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
* If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
* If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.
If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy (http://en.wikipedia.org/wiki/Murphy's_law).
Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)
Also, depends on what the RFE is:
* if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
* If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
* If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.
If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...
more...
WeShallOvercome
07-23 02:14 PM
C. UHRMACHER @ 8:26am on July 2
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
painful_GC
05-24 11:47 AM
Hi..Many thanks for the reply..I recieved my H1 B approval but as i want to take a break i would like to proceed with my L2...So one more query..I would like to proceed with Online filing..once done online..how to send the Paper by Post ?? will they notify after i e-file ??
Sorry for the trouble
Sorry for the trouble
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surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
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vxg
11-02 02:16 PM
Sent the all the existing I 94's and Passport.
Guys,
my RFE response reached VSC on Oct 31st and online status says
Current Status: Response to request for evidence received, and case processing has resumed.
Anyone with idea on how long approx it will take to get approval. Have to travel by end of Nov and USCIS delay is resulting in really expensive air fare.
Let's keep all of us updated on these RFE on AP.
Guys,
my RFE response reached VSC on Oct 31st and online status says
Current Status: Response to request for evidence received, and case processing has resumed.
Anyone with idea on how long approx it will take to get approval. Have to travel by end of Nov and USCIS delay is resulting in really expensive air fare.
Let's keep all of us updated on these RFE on AP.
more...
srarao
07-23 12:26 PM
It does not matter who signs . I just wanted to know .
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smaram1
11-24 08:44 AM
� Confirmation Receipt of E-filing
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
more...
sroyc
08-14 08:23 PM
As someone correctly replied, you cannot work on H-4.
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
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boldm28
05-19 11:35 AM
According to murthy, several of these cases were tied to companies that are under fraud investigations
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..
believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..
believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route
more...
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GreenCard4US
08-21 12:25 PM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
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pappu
05-28 03:11 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
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senthil1
06-26 01:48 PM
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
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chakalov
07-31 05:04 PM
Every time you use your credit card they ask for photo ID.
I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)
I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)
more...
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iman.karta
04-15 05:33 PM
Dear Sir/Ma'am,
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
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sjhugoose
February 20th, 2004, 07:39 AM
Steven,
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
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gee_see
04-15 10:25 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
India
Enjoy the freedom...:)
India
BharatPremi
08-02 10:06 AM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)
mdipi
10-22 08:43 PM
sintax thanks so much! i like the avatar a bit more, but i like both! and i took the pic of the flower outside of my house, i cant belive how well it came out! like professional.
-mike:cyclops:
-mike:cyclops:
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