shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
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fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
mbawa2574
07-07 08:14 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
There is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
There is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
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485Mbe4001
03-20 03:56 PM
There is a lot of political posturing, each side is solidifying its position based on their agenda. Being from southern california i know Nu�ez is posturing for all the illegals as opposed to only agJobs. We are smal legal minority that no one really cares about.
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gc123
04-15 09:58 AM
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
more...
GCaspirations
10-10 07:44 PM
did anyone get FP notice?
Please update if any of the transferred cases have received the FP notice.
Please update if any of the transferred cases have received the FP notice.
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rpat1968
09-17 08:56 PM
My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
more...
jonty_11
11-17 10:21 AM
MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
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fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
more...
amitps
09-23 09:32 PM
I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.
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chitra
02-26 01:50 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
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webm
02-27 02:40 PM
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
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vedicman
01-05 08:20 AM
New Jersey Sen. Robert Menendez plans to reach out to a South Carolina Republican to craft a bipartisan immigration reform bill in the next Congress.
But it's not clear that Sen. Lindsey Graham will want to work with the top-ranking Hispanic Democrat on Capitol Hill.
Graham spokesman Kevin Bishop said last week his boss wants Congress to pass a 10-point plan to boost border security before attempting to overhaul the immigration system.
Menendez introduced an immigration reform bill just before the Nov. 2 elections that he said takes a middle-of-the-road approach, incorporating ideas that Republicans such as Graham, Sen. Jon Kyl of Arizona and Sen. Orrin Hatch of Utah have presented in the past.
Menendez said in December that Graham has expressed interest in writing a bipartisan bill.
"If he is, then what I hope to do is to draft something together that will have some level of bipartisan support," Menendez said. "If that doesn't happen in a reasonable time period, then I'd like to introduce the bill again (in the next Congress) as a foundation to get something moving. If there's nothing to have hearings about, nothing to debate over, you will never move forward."
But Bishop said Menendez and Graham haven't discussed working on an immigration bill.
The Menendez proposal, co-sponsored by Sen. Patrick Leahy, D-Vt., would eventually legalize illegal immigrants, improve border security, crack down on employers who hire illegal immigrants and make it easier for legal residents to bring family members to the U.S.
Graham has a history of working across party lines and often has been the only Republican willing to buck his party to strike political compromises. But that approach may be politically risky now that the GOP has turned more conservative under the influence of the Tea Party movement.
In 2007, Graham joined Republican Sen. John McCain of Arizona in pushing hard for an immigration reform bill that Menendez helped write. But the measure died in the Senate, with Menendez ultimately voting against it because some of his proposals had been stripped out. The measure never reached the House.
In 2010, Graham collaborated with another liberal Democratic senator, Chuck Schumer of New York, on an immigration reform plan that called for legalizing about 11 million illegal immigrants and improving border security. The two discussed the proposal with President Barack Obama at the White House.
But Graham quickly ended that partnership, accusing Democrats of politicizing the issue and citing his opposition to the Democratic health care reform bill.
Aggressive GOP opposition to Democratic immigration plans was evident during the lame-duck session when Republican senators -- along with some Democrats -- teamed up to kill the DREAM Act, which offered the children of illegal immigrants a path to citizenship if they completed two years of university or military service.
"Illegal immigration is a nightmare for America," Graham said in a December statement after the DREAM Act died. "Giving a pathway to citizenship without first securing the border is an inducement to encourage more illegal immigration. This is nothing more than a political game by the Democrats to try and drive a wedge between the Hispanic community and Republicans."
The DREAM Act's failure lessens chances that a broader immigration bill will pass a deeply partisan Congress, Menendez acknowledged.
"These are . . . children who came to this country through no decision of their own," he said. "They were brought here by their parents. Overwhelmingly, they only know America as their country. . . . If you can't get (the DREAM Act) agreed to, then I think the rest of it will be a lot more hard sledding."
In April, Arizona enacted the nation's toughest immigration enforcement law, which allows police to detain and question people about their immigration status. The administration is challenging the law in court. Several other states are likely to pass similar legislation.
In response, Congress approved legislation -- which became law in August -- providing $600 million in emergency funding for 1,000 new Border Patrol agents, 250 new Immigration and Customs Enforcement agents and unmanned Predator drones to patrol the border.
NJ Sen. Robert Menendez seeks support for immigration reform bill | APP.com | Asbury Park Press (http://www.app.com/article/20110103/NEWS03/110103074/Sen-Menendez-seeks-support-for-immigration-reform-legislation)
But it's not clear that Sen. Lindsey Graham will want to work with the top-ranking Hispanic Democrat on Capitol Hill.
Graham spokesman Kevin Bishop said last week his boss wants Congress to pass a 10-point plan to boost border security before attempting to overhaul the immigration system.
Menendez introduced an immigration reform bill just before the Nov. 2 elections that he said takes a middle-of-the-road approach, incorporating ideas that Republicans such as Graham, Sen. Jon Kyl of Arizona and Sen. Orrin Hatch of Utah have presented in the past.
Menendez said in December that Graham has expressed interest in writing a bipartisan bill.
"If he is, then what I hope to do is to draft something together that will have some level of bipartisan support," Menendez said. "If that doesn't happen in a reasonable time period, then I'd like to introduce the bill again (in the next Congress) as a foundation to get something moving. If there's nothing to have hearings about, nothing to debate over, you will never move forward."
But Bishop said Menendez and Graham haven't discussed working on an immigration bill.
The Menendez proposal, co-sponsored by Sen. Patrick Leahy, D-Vt., would eventually legalize illegal immigrants, improve border security, crack down on employers who hire illegal immigrants and make it easier for legal residents to bring family members to the U.S.
Graham has a history of working across party lines and often has been the only Republican willing to buck his party to strike political compromises. But that approach may be politically risky now that the GOP has turned more conservative under the influence of the Tea Party movement.
In 2007, Graham joined Republican Sen. John McCain of Arizona in pushing hard for an immigration reform bill that Menendez helped write. But the measure died in the Senate, with Menendez ultimately voting against it because some of his proposals had been stripped out. The measure never reached the House.
In 2010, Graham collaborated with another liberal Democratic senator, Chuck Schumer of New York, on an immigration reform plan that called for legalizing about 11 million illegal immigrants and improving border security. The two discussed the proposal with President Barack Obama at the White House.
But Graham quickly ended that partnership, accusing Democrats of politicizing the issue and citing his opposition to the Democratic health care reform bill.
Aggressive GOP opposition to Democratic immigration plans was evident during the lame-duck session when Republican senators -- along with some Democrats -- teamed up to kill the DREAM Act, which offered the children of illegal immigrants a path to citizenship if they completed two years of university or military service.
"Illegal immigration is a nightmare for America," Graham said in a December statement after the DREAM Act died. "Giving a pathway to citizenship without first securing the border is an inducement to encourage more illegal immigration. This is nothing more than a political game by the Democrats to try and drive a wedge between the Hispanic community and Republicans."
The DREAM Act's failure lessens chances that a broader immigration bill will pass a deeply partisan Congress, Menendez acknowledged.
"These are . . . children who came to this country through no decision of their own," he said. "They were brought here by their parents. Overwhelmingly, they only know America as their country. . . . If you can't get (the DREAM Act) agreed to, then I think the rest of it will be a lot more hard sledding."
In April, Arizona enacted the nation's toughest immigration enforcement law, which allows police to detain and question people about their immigration status. The administration is challenging the law in court. Several other states are likely to pass similar legislation.
In response, Congress approved legislation -- which became law in August -- providing $600 million in emergency funding for 1,000 new Border Patrol agents, 250 new Immigration and Customs Enforcement agents and unmanned Predator drones to patrol the border.
NJ Sen. Robert Menendez seeks support for immigration reform bill | APP.com | Asbury Park Press (http://www.app.com/article/20110103/NEWS03/110103074/Sen-Menendez-seeks-support-for-immigration-reform-legislation)
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adi787
08-30 09:18 PM
hey guys..
I heard uscis is introducing new procedure for LC. any one knows any details.
I heard uscis is introducing new procedure for LC. any one knows any details.
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eager_immi
07-17 09:28 AM
A# is either someting that you get by the following ways:
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
more...
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gtg506p
03-09 11:25 AM
Great. Can you give more details like:
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
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sts_seeker
07-05 05:09 PM
Hey guys,
See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
thanks
See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
thanks
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ragz4u
02-03 11:13 AM
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
belmontboy
02-24 04:39 PM
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Is Company A Satyam??
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Is Company A Satyam??
Jerry2009
05-11 01:47 PM
Hi desimass77. How do you convince the school that you are qualified?
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
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