Lisap
08-27 05:27 PM
Hello all,
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
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HumHongeKamiyab
03-16 12:37 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
expect an RFE in a month or two. Also fill in your profile to help others...
expect an RFE in a month or two. Also fill in your profile to help others...
GCNirvana007
04-01 01:44 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
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solaris27
08-06 06:22 PM
congrats
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imh1b
07-29 02:35 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
boston_gc
05-30 08:09 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
more...
justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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gcpain
07-24 04:42 PM
Thanks for clarification.
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hopefulgc
03-14 10:09 AM
Ask for 3 year validity also.
Also if the guy is renewing ead/ap, it can and should happen electronically.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
Also if the guy is renewing ead/ap, it can and should happen electronically.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
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saurav_4096
03-14 11:22 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
Hi nfinity,
I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
1. mumbai consultate,
2. POE
3. If you have any additional tips.
Thanks
Saurav
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fatjoe
10-23 10:53 AM
I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.
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Prashanthi
08-21 01:54 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.
__________________
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
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.
__________________
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
more...
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GC4US
10-31 05:11 PM
See my signature
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nozerd
01-20 12:16 PM
I have already contributed $ 200 in the past. I prefer to make one time contributions instead of recurring.
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cs.0
09-28 05:52 PM
hi,
I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.
regards,
c
I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.
regards,
c
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pointlesswait
09-10 09:16 AM
find another job..and restart ur GC..
apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...
but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...
i think you are cutting it tooo close..pal!
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...
but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...
i think you are cutting it tooo close..pal!
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
more...
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jingi1234
08-19 05:58 PM
Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
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paskal
02-14 10:20 PM
guys,
i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....
please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!
Thanks :)
i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....
please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!
Thanks :)
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chem2
10-23 05:24 PM
did you get your fingerprint notices yet?
piyu7444
03-26 02:58 PM
We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
glus
11-17 12:05 PM
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Hello,
Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Hello,
Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.
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