chakdepatte
01-04 08:33 AM
i called them after 90 days. they had no clue why it was not processed so they threw in a RFE for fotographs. send response, all cleared. in 15 days.
if ur case goes beyond 90 days, dont hesitate to call. all my 10 yrs with USCIS, They are are simply lazy and only know how to raise fees keeping immigrants as hostage.
All the best.
Oye chakdepatte
if ur case goes beyond 90 days, dont hesitate to call. all my 10 yrs with USCIS, They are are simply lazy and only know how to raise fees keeping immigrants as hostage.
All the best.
Oye chakdepatte
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seahawks
07-27 03:16 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though this is how they have documented it, in many of our cases, the packet was received for or signed for at least 1 week before the receive date. When I received the notice, my receive date was June 14th, my notice date was June 16th, but the Fedex reached and accepted date was June 8th:) I guess since there is a back log, may be they started stamping the packets received date and then entering them as the receive date due to back logs on receipting itself. Thats my thought.
Even though this is how they have documented it, in many of our cases, the packet was received for or signed for at least 1 week before the receive date. When I received the notice, my receive date was June 14th, my notice date was June 16th, but the Fedex reached and accepted date was June 8th:) I guess since there is a back log, may be they started stamping the packets received date and then entering them as the receive date due to back logs on receipting itself. Thats my thought.
pcs
06-26 08:26 PM
please PM me your tel no and I will call. We at Detroit are having a good get together and I can easily push it with the guys here but need to know what you want to do ? Maybe you can even call me on the phone when we are meeting
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synergy
12-11 01:15 PM
I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
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amitkhare77
08-14 11:20 PM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Prashanthi
05-27 05:15 PM
it only makes sense to avoid a labor cert if you file under one of the EB-1 categories as this is current, you can avoid the wait for the visa numbers which is substantial. The three categories under the first preference are: (I) Persons of Extraordinary Ability, (ii) Outstanding Professors and Researchers; and (iii) Multinationals Executives or Managers.
You may qualify for the 1st or 2nd one depending on your achievements.
You may qualify for the 1st or 2nd one depending on your achievements.
more...
chanduv23
07-31 03:52 PM
Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
Is there a way? Please help me please. Thank you
485 is your petition and does not have anything confidential about your company, so legally your employer should not cut ur access to lawyer.
Labor and 140, it is undeerstandable for employer - lawyer protocol, but 485 that must not be the case.
Contact your lawyer, nothing wrong in asking for reciept notice. But remember, I am a third person and don't know about your employer and lawyer and how they are. So do it at your discretion
Is there a way? Please help me please. Thank you
485 is your petition and does not have anything confidential about your company, so legally your employer should not cut ur access to lawyer.
Labor and 140, it is undeerstandable for employer - lawyer protocol, but 485 that must not be the case.
Contact your lawyer, nothing wrong in asking for reciept notice. But remember, I am a third person and don't know about your employer and lawyer and how they are. So do it at your discretion
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Fugu
01-11 01:53 PM
Thank you both for your replies.
I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?
I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?
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pranju
08-03 10:18 PM
exactly then y people from july 2 are not still getting their reciept notices
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gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
more...
ita
01-04 04:19 PM
Thanks so much for all the replies.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
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jnraajan
04-11 02:36 PM
Hi,
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.
http://immigrationvoice.org/forum/showthread.php?t=15864
http://immigrationvoice.org/forum/showthread.php?t=14564
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.
http://immigrationvoice.org/forum/showthread.php?t=15864
http://immigrationvoice.org/forum/showthread.php?t=14564
more...
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haider420
03-04 12:56 AM
I like your handle though, haider420
yea bro wish it could be 420/365 ;)
yea bro wish it could be 420/365 ;)
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vandanaverdia
09-16 12:20 AM
bump
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gjoe
10-03 03:44 PM
I want that one strong message to be "Abolish modern form of Slavery" . This is possible and much easier than trying to tell people that we are legal and the bigger group is illegal.
The bottom line is slavery of both legal and illegals here, we should work to have this abolished in all forms.
The bottom line is slavery of both legal and illegals here, we should work to have this abolished in all forms.
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jonty_11
05-21 05:47 PM
You think its that easy to swing it our way with DEMS in power.....aint happenning.
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yabadaba
02-28 01:39 PM
Thanks Y,
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
nozerd,
honestly i dont know. when I changed schools and in the process boards, the most difficult transition for me was from the UK board to the ICSE system. but this was almost 18 years back (man..cant believe it) ...the indian system was still learning by rote...heavily focused on tests and exams. from what i have heard recently there have been major changes specially at the elementary school level. there is less emphasis on homework and tests and more of a focus on projects and learning by doing.
As a parent of a 13 month old, if I ever decide to go back, I would probably go back before my kid is in the 4th grade. This would be because they really start establishing their identities by the time they are 8-9 years old. They can still adapt fast enough but the major focus has to be on us as parents to smooth out the transition and give them the support system they need.
If you want a seamless transition, I would agree that 1st grade is probably the best bet. By that time their accents and all can easily be adapted, without a major crisis.
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
nozerd,
honestly i dont know. when I changed schools and in the process boards, the most difficult transition for me was from the UK board to the ICSE system. but this was almost 18 years back (man..cant believe it) ...the indian system was still learning by rote...heavily focused on tests and exams. from what i have heard recently there have been major changes specially at the elementary school level. there is less emphasis on homework and tests and more of a focus on projects and learning by doing.
As a parent of a 13 month old, if I ever decide to go back, I would probably go back before my kid is in the 4th grade. This would be because they really start establishing their identities by the time they are 8-9 years old. They can still adapt fast enough but the major focus has to be on us as parents to smooth out the transition and give them the support system they need.
If you want a seamless transition, I would agree that 1st grade is probably the best bet. By that time their accents and all can easily be adapted, without a major crisis.
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jonty_11
07-31 03:50 PM
Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
Is there a way? Please help me please. Thank you
This is a subjective ques....depends on ur relations with ur employer...
Try cajoling them..if its pop-shop consulting firm , he wont budge...
Try asking other employees...if their's was filed and if they got an yhconfirmation?
Is there a way? Please help me please. Thank you
This is a subjective ques....depends on ur relations with ur employer...
Try cajoling them..if its pop-shop consulting firm , he wont budge...
Try asking other employees...if their's was filed and if they got an yhconfirmation?
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roseball
01-07 02:20 PM
I want to apply for my OPT extension. I am currently on 12-month OPT.
I am too close to my deadline. So guys please reply ASAP.
I found 2 contradicting information on USCIS website.. Please help..
USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Who Is Eligible to e-File This Form
Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.
Category 274a.12(a)
.. Blah Blah Blah
(18) L Spouses
Category 274a.12(c)
(2) Dependent of TECRO E-1 Nonimmigrant
(3)(a) Pre-Completion Opt 12 Months
(3)(b) Post Completion Opt 12 Months
(3)(c) 17-Month STEM Extension
Allright so this says WE CAN
Now look at this link
USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
Electronic Filing:
Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.
From above it says, WE CAN'T
Any ideas any one ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you..
From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.
I am too close to my deadline. So guys please reply ASAP.
I found 2 contradicting information on USCIS website.. Please help..
USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Who Is Eligible to e-File This Form
Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.
Category 274a.12(a)
.. Blah Blah Blah
(18) L Spouses
Category 274a.12(c)
(2) Dependent of TECRO E-1 Nonimmigrant
(3)(a) Pre-Completion Opt 12 Months
(3)(b) Post Completion Opt 12 Months
(3)(c) 17-Month STEM Extension
Allright so this says WE CAN
Now look at this link
USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
Electronic Filing:
Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.
From above it says, WE CAN'T
Any ideas any one ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you..
From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.
wandmaker
12-31 12:30 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
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