saimrathi
03-02 07:31 PM
She will not be out of status since she has a H1 valid till 2010. however when she leaves US she needs to present the I-94 that came with the I-797 Approval notice(H1). I am in a similar situation, however, I am going to Canada and returning.
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GreenCard_Soon
05-25 01:44 PM
Just sent the fax.
roseball
03-29 08:43 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.
In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.
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needhelp!
02-12 05:15 PM
Thanks! Hope all will do it.
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guyfromsg
07-30 08:14 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup
thanks.
By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup
sdrblr
02-03 12:26 PM
Sorry to hear about the issue. I dont think how you can file a legal malpractice against the attorney when he has rights not to give the details of 140.
140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).
I say appeal the denial open an MTR
140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).
I say appeal the denial open an MTR
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forgerator
07-31 07:08 PM
I hope they did not hire "loser's guild" to do the job :D:D:D
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
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mundada
09-05 04:54 PM
no you do not have to wait.
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ivjobs
11-12 03:02 PM
I dont understand the meaning of this
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
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skv
06-21 03:06 PM
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father�s name) is his/her father and _____________ (mother�s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
Affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.
For parents I am not comfortable with the statement "and that________father�s name) is his/her father and _____________ (mother�s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
Affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.
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tnite
07-19 10:18 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.
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
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ruchigup
08-28 01:28 PM
Below is the response I got today in email. For the "additional review" part should I be concerned
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
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isthereawayout
02-22 11:46 AM
Its not exactly the same position. As you can see the requirements are slightly different.
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saileshdude
03-26 03:34 PM
My husband recieved a transfer notice for his I-485 from TSC saying that the
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
more...
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derekjbj
09-16 07:39 PM
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
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santb1975
05-15 02:46 PM
//
Total $$ so far: 16256
Recurring Contributions: 10
Members Contributed so far: 167
Members listed below helped us reach our first 10K:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100
Members listed below are helping us reach our second 10K:
axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,
Members listed below signed up for recurring contributions in this drive:
snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50
Total $$ so far: 16256
Recurring Contributions: 10
Members Contributed so far: 167
Members listed below helped us reach our first 10K:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100
Members listed below are helping us reach our second 10K:
axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,
Members listed below signed up for recurring contributions in this drive:
snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50
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amitjoey
03-17 12:26 PM
Ask your lawyer. I agree, be proactive and if there is a way you can send the results and file it with your case, do it. Any case medicals are valid for 12-18 months, so if an RFE comes, You can send them same ones again. Again, not sure if you can do this, ask your lawyer.
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bfadlia
03-17 12:13 PM
^^^^^^^^^
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arikris
02-08 11:22 PM
@sduddukuri - Can you share why H4 was denied in the first place? I am in a similar situation and wondering if MTR or Travel abroad would be better.
njboy
12-02 11:19 AM
what are our chances if the Dream Act does not pass? Dream is #7 on the list.
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
sunnysharma
08-16 09:43 AM
we sent 3 seperate checks for each family member
Best Option is print these checks, Probably u will be able to see the numbers clearly..
Best Option is print these checks, Probably u will be able to see the numbers clearly..
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