gmpa
01-17 01:20 PM
My H1 and family's H4 non-premium extensions were applied on 10/12/07 and approved from Vermont last week on 1/10/08. Approvals not yet physically received. These extensions were on the basis of approved I-140 and retrogressed EB-3 PD.
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jlt007us
10-06 06:09 PM
Don't worry. You will mostly get RFE but not a rejection.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
chanduv23
04-01 01:34 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,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
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,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
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kedrex
02-10 09:37 PM
I was in a similar situation and sponsored my parents, sister and bro in law. The univ. graduation letter made a big difference and they got their visa.
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s416504
08-29 03:56 PM
Bump^^^1
No Receipting Update as on 29th Aug 89 76.72%
Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
Receipted after 29th Aug From NSC (LIN) 1 0.86%
Receipted on/before 29th Aug From TX (SRC) 6 5.17%
Receipted after 29th Aug From Texas (SRC) 1 0.86%
Receipted on/before 29th Aug From VT/CA 2 1.72%
Receipted on/before 29th Aug From VT/CA 0 0%
Voters: 116. You have already voted on this poll
No Receipting Update as on 29th Aug 89 76.72%
Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
Receipted after 29th Aug From NSC (LIN) 1 0.86%
Receipted on/before 29th Aug From TX (SRC) 6 5.17%
Receipted after 29th Aug From Texas (SRC) 1 0.86%
Receipted on/before 29th Aug From VT/CA 2 1.72%
Receipted on/before 29th Aug From VT/CA 0 0%
Voters: 116. You have already voted on this poll
BECsufferer
08-19 12:35 PM
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
Put ur head together and tell me is it too difficult to tell where he is from?
Really dude...LOL. Grow up
Put ur head together and tell me is it too difficult to tell where he is from?
more...
rajenk
01-13 12:08 PM
First try to get a copy of your approved EB3 I-140 through FOIA request with USCIS, this could be a time consuming task. If you are lucky you might get this in 30 days. But heard in the forum that it was even lesser than 30 days they got a copy.
Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.
Good luck
Raj:)
Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.
Good luck
Raj:)
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jay75
08-07 01:34 AM
Received 2 year EAD, with pending I140(EB3 I).
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powerman
08-14 02:13 PM
I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
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sr225
05-15 11:18 AM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
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Dhundhun
05-21 05:47 PM
I think, too many documents not required. The US Embassy in Delhi asks for:
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
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HumHongeKamiyab
03-16 12:18 PM
Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.
Or it can simply happen any time?
Or it can simply happen any time?
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logiclife
10-18 06:00 PM
And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.
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smartboy75
10-02 12:47 AM
I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
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calredd
10-01 01:52 PM
You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.
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lola
08-21 06:27 PM
apb,
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
more...
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indyanguy
08-07 09:31 AM
Please
Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.
Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.
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wata
09-30 03:30 PM
This is absolutely no-sense at all.
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!
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amberGC
07-19 10:05 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
rayoflight
03-18 12:30 PM
Hi gc_on_demand:
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
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