Hermione
09-25 12:49 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
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optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
sandy_anand
11-12 04:33 PM
Visa Bulletin For December 2010 (http://travel.state.gov/visa/bulletin/bulletin_5197.html)
India - all categories - no change as expected!
India - all categories - no change as expected!
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JunRN
05-28 08:18 PM
You can't gain any legal status using your Canadian employment. It's like you're working for a company in your home country and staying in the US. Your home country's company cannot sponsor you for H1 unless they have a branch here in the US. At best, you can stay in the US by using other status like being in H4 and your spouse working as H1. OR if you have a GC.
more...
belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
SeanDell
06-04 10:35 PM
?
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Abhinaym
10-05 10:56 AM
I doubt if it'll be a GC process for illegals. I guess at best that would be a temp visa.
If it is a GC, then there's no way they can give illegals preference over legals. In this case we're a little screwed since the lines will be filled with people (who can prove they've been longer than us)
If it's a temp visa, we're still screwed - because of the additional processing, they may not process GCs as fast (!) as they're doing now.
That's my speculation so far.
If it is a GC, then there's no way they can give illegals preference over legals. In this case we're a little screwed since the lines will be filled with people (who can prove they've been longer than us)
If it's a temp visa, we're still screwed - because of the additional processing, they may not process GCs as fast (!) as they're doing now.
That's my speculation so far.
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chanduv23
02-26 12:37 PM
Congressman - things can move quick and you can get personalized attention.
Senator - things may be a bit slow because they handle the entire state.
How your case can be treated - there is a trick that I would like to share.
For any politician it is in their best duties to help their constituent and that too a law abiding tax paying constituent.
For any staffer at their office, it is best for them to be of help to the constituent because they get brownie points.
You must present yourself and your case with a lot of humility, clarity, easy language, proof of documents, and words of praise and humble request for help - then you can actually see that things do work.
USCIS has an internal liason called congressional liason and all congressional enquiries are routed carefully through that liason. It is in best interest of the liason to make sure they do everything right and come back with a responsible answer. Most times thei entire process is made visible to you via emails copied to you or printouts of conversation or sometimes the liason asks you to come to their office and talks to CIS in your presence.
This is not like Infopass where you can expect only luck to help you.
Another option is to approach the Ombudsman. Ombudsman's office is slow, but it is effective too.
Senator - things may be a bit slow because they handle the entire state.
How your case can be treated - there is a trick that I would like to share.
For any politician it is in their best duties to help their constituent and that too a law abiding tax paying constituent.
For any staffer at their office, it is best for them to be of help to the constituent because they get brownie points.
You must present yourself and your case with a lot of humility, clarity, easy language, proof of documents, and words of praise and humble request for help - then you can actually see that things do work.
USCIS has an internal liason called congressional liason and all congressional enquiries are routed carefully through that liason. It is in best interest of the liason to make sure they do everything right and come back with a responsible answer. Most times thei entire process is made visible to you via emails copied to you or printouts of conversation or sometimes the liason asks you to come to their office and talks to CIS in your presence.
This is not like Infopass where you can expect only luck to help you.
Another option is to approach the Ombudsman. Ombudsman's office is slow, but it is effective too.
more...
BharatPremi
10-24 09:11 PM
I filed my application on July27th. I completed my FP on Oct 10th but haven't receive any news on EAD. My online status is still "Case received and Pending". It is mentioned on the USCIS website that the USCIS needs to provide EAD within 90 days of the filing as mandated by law [8 CFR 247a.13(d)].
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?
The date in 'Receipt Date' field on your 485 form is the start date of your 90 days calculation.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?
The date in 'Receipt Date' field on your 485 form is the start date of your 90 days calculation.
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xgoogle
06-23 01:11 PM
I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
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OLDMONK
07-09 09:02 PM
So you are of the opinion that there is worse which can happen.
To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)
Some Keywords to ponder on / References.
Rice, Condoleezza - A little Inconvenience for applicants
Journalists - Wrinkle in reporting numbers by USCIS
Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.
To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)
Some Keywords to ponder on / References.
Rice, Condoleezza - A little Inconvenience for applicants
Journalists - Wrinkle in reporting numbers by USCIS
Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.
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dixie
07-03 10:18 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
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piyushmittal
05-04 06:46 PM
Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?
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Bobby Digital
May 19th, 2005, 09:24 AM
J. is right. Manual focus and exposure bracketing are what you need to do. I have a D70 and have learned quite a lot with it, as you will. I take a meter reading in the auto mode and then switch to manual mode enter in the same settings and adjust as needed. Usually with a smaller aperture (larger number).
Hope this helps.
Hope this helps.
more...
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xbohdpukc
09-21 02:18 PM
I think we need the limit to go or at least double. I think the best way to make the congress and also the american voters happy is to NOT increase the visa numbers or bring in SKILL bill but to increase the existing 7% limit. This way they will be happy as the same number of ppl are getting PR and we will be happy as the priority dates will move forward.
without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.
without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.
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mhkumar
07-22 10:03 AM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
more...
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yabadaba
08-14 04:02 PM
not that kind of a physician..not on your life pal :p
another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
well since the professions are moving into hybrid roles...maybe u can diversify ur specializations. :D :D :D
another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
well since the professions are moving into hybrid roles...maybe u can diversify ur specializations. :D :D :D
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kbsyed61
03-17 12:59 PM
This is what my attorney replied to a similar question.
------------------------------------------
From: Attorney
Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.
-----------------------------------------
Hope this helps.
------------------------------------------
From: Attorney
Your wife could get the shots now and hold on to the evidence and then we will submit it when we get the RFE. She could wait for the RFE but then if she has become pregnant again...... so best to get the evidence now and we can just hold on to it.
-----------------------------------------
Hope this helps.
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koti
10-29 01:03 AM
Thanks for all your suggestions guys.
Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.
Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.
milind70
07-25 12:27 AM
I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?
Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.
Frankly Speaking there is no relevance,I know when i stamped my H1 for the first time visa stamping given to me was beyond the expiry date of passport in which the visa stamp was stamped.
The deal is that when u r staying abroad other than your home country it is expected that one renews its passport 1 year before expiry.I renewed my passport one year before expiry thats the norm most countries follows. Even nowadays you go for stamping US embassy wants mimimum six month valid passport.Many people have got in trouble/issues with this since they get the full period visa but immigration officer at POE/airport only issue I 94 upto the validity of you passport,these things cause unneccessarry issues of filing for extension of status to get extended I 94. It is very important that everyone renews their passport before one year of expiry.
As far as your case is concerned i dont think unless there are red flags in your case they are going to look at your passport expiry date ,at the max they might issue an RFE or expalnation, lawyers usually file more than requested documents like W2's ,tax rerturns etc so that RFE's can be avoided as RFE can signifacntally slow down your case processing . I would suggest you to renew your passport as soon as possible.
WillIBLucky
12-31 07:06 PM
This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
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