Wednesday, June 15, 2011

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  • kirupa
    10-12 10:07 PM
    Oh, I made them out of your PSD file :)





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  • waitnwatch
    05-30 06:57 PM
    the reason she was denied is because she is young

    It is so difficult to analyze visitor visa denials. There are instances of refusing visas to one spouse's parents but giving them to the parents of the other. So it is not an issue of young or old though we may rationalize it that way. These refusals are generally based on the clause the applicant does not have sufficient ties to home country. I for one have not seen an instance of direct family members of H1-B's overstaying but nevertheless I think it primarily depends on which side of the bed the consular officer climbed out in the morning.





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  • ftbakhru
    06-18 03:30 PM
    Yes you can pick the passport at end of day manually





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  • grupak
    03-01 10:20 AM
    Time to send in the monthly contributions.

    I just mailed mine online.



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  • meridiani.planum
    04-01 03:34 PM
    inline...
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.

    Can't I myself respond to the RFE?

    no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer





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  • ras
    04-02 09:05 PM
    My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

    I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

    Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

    my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

    Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

    Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

    Your early response helps me take a decision.

    I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.



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  • coolmanasip
    05-29 01:36 PM
    Did you guys get a soft LUD before the RFE? How many days lag if any?

    Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?





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  • kk_kk
    02-25 02:34 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.



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  • gc_on_demand
    03-25 02:16 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?





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  • ajaz
    06-02 04:05 PM
    I filed my eEAD 45 days back, competed finger printing 15 days back, still I don't see LUD on my case; However, my spouse who filed 30 days back had 3 LUD, and a recent after finger print.

    Can guys suggest, is this common. Usually after FP I should see a LUD, right? What are my options..

    You response is highly appreciated.

    Thanks



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  • botol123
    10-17 09:08 PM
    The USCIS has returned the my entire package - I-140, I-485, I-131 and I-765 - to my lawyer by mistake.

    The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.

    Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.





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  • mukuraj
    07-27 02:55 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    Kasi,

    I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.



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  • snathan
    01-22 07:36 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.

    Can you provide more details...?





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  • voicerj
    04-04 10:34 AM
    Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.

    People who have selected CP option in their I 140 application will get notice for fees from NVC.

    Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.

    I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?



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  • katrina
    01-04 03:34 PM
    koppula09 please read the statement from below link.

    http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html

    Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:

    get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.

    remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
    so act quickly to find out how to get out from this problem before too late.

    Good luck. :o





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  • snathan
    02-13 01:14 AM
    H1B - LCA Related Issues - How can we save ourselves ???

    HI
    I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds

    I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

    ** LCA is very important and H1 b employees should work as per LCA - Period.
    Location, job and every thing should be as per LCA. No questions.
    I am afraid, most of the H1b guys do not even have LCAs with them.

    ** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.


    Please throw your suggestions to make our H1 system clean and save H1 employees.


    Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.



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  • Alabama04
    12-12 11:43 AM
    I am in Birmingham. Count me in.



    PD: Jan 04 EB3/RIR/PBEC/AL
    Labor: March 07
    I-140: April 19, 07 (Regular)
    I-485: June 27,07
    Finger Printing: Aug 3,07
    AP: Sept 07
    RFE: Oct 10,07
    GC: Still waiting:(





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  • ak27
    02-10 10:04 PM
    It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..





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  • v2neha
    02-17 07:23 PM
    Very true - unfortunately my case that was received at SFO regional office in July'04 got transferred to PBEC in Oct'04. It is still rotting there! I read somewhere that BECs were supposed to follow adjudication process of CA SWAs and Regional offices due to their proven efficiency compared to other states. Wish they did - clearly they didn't





    chi_shark
    12-16 11:38 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    illinois somehow does not worry too much... i have never had trouble with mine or my wife's... she did not have license when she was on H4 right after 9/11 but they have changed that since then and even h4 folks have it... sorry to hear about your case... is it likely that someone in the dmv made a mistake?





    minimalist
    10-18 11:55 AM
    Based on information I gathered,we need to have original 485 filing receipt to be able to use EAD for extending drivers licence. One question I would like to explore is has any one had success requesting a 485 receipt from USCIS?.I researched on the topic and called USCIS also and the answer I found is that USCIS will not reissue 485 receipt notice.I would like to see if any IVians have a different experience.



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