diptam
10-16 12:38 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
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pragir
10-16 03:14 PM
Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.
alterego
12-03 12:09 AM
It certainly seems like the RFE rate for supportive evidence has increased recently. Certainly for the 140 cases but also for other petitions as well. I had never received an RFE before, but recently got 2 for different petitions. An RFE always makes you a little antsy no matter how routine it is.
We are also hearing about PERM audits higher and denials also more frequently.
So far the RFEs seem to be for the common issues, like ability to pay, education qualifications etc.
It might be a good idea for someone to compile a list of typical RFEs at various stages. The rest of us can start adding for the benefit of those who get one in the future. In fact it might have been done already. I remember Logiclife putting something together during that 485 filing time in July/Aug.
We are also hearing about PERM audits higher and denials also more frequently.
So far the RFEs seem to be for the common issues, like ability to pay, education qualifications etc.
It might be a good idea for someone to compile a list of typical RFEs at various stages. The rest of us can start adding for the benefit of those who get one in the future. In fact it might have been done already. I remember Logiclife putting something together during that 485 filing time in July/Aug.
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roseball
04-09 04:57 PM
I got RFE through attorney. It is asking following details
1. Emloyment verification letter with present and intended permanent employer
2. Last two months pay slips
3. "Although your I 140 petitioner indicated in your initial I485 filing that you were employed by company A at that time, your Form G325 indicated that you were employed by company B and you were authorized by B at that time, please explain discrepancy"
I am bit worried about question 3. I worked for company A and labor, I140 applied when I was with A.
But during I485 filing I was with company B and in G325 I mentioned that.
It looks like company A by mistake mentioned that I was still with them.
I called my attorney he said its upto me decide which company I should work for.
But I am not sure company A provides an employment letter for me because I am working for comapny B now.
If B provides employment letter since it is >180 days since I 485 applied, will there be any issues?
Please give your opinions...
From what I understand, you changed employers before filing I-485 and used the same Labor/I-140 from the old employer to file I-485 while working for the new employer? Wow!!! And your new attorney filed your I-485? Your attorney should have known better....
From what I know, it doesn't work that way, the 180 day rule applies to change of employment after filing I-485, not before you file it. You should have started a new LC/I-140 with company B and filed I-485 using the PD of the old approved I-140 from company A...But your case is not lost as long as you can provide an offer of employment from company A saying that they will hire you once the GC is approved...
Obviously, this is my opinion and others can comment on this as well....
1. Emloyment verification letter with present and intended permanent employer
2. Last two months pay slips
3. "Although your I 140 petitioner indicated in your initial I485 filing that you were employed by company A at that time, your Form G325 indicated that you were employed by company B and you were authorized by B at that time, please explain discrepancy"
I am bit worried about question 3. I worked for company A and labor, I140 applied when I was with A.
But during I485 filing I was with company B and in G325 I mentioned that.
It looks like company A by mistake mentioned that I was still with them.
I called my attorney he said its upto me decide which company I should work for.
But I am not sure company A provides an employment letter for me because I am working for comapny B now.
If B provides employment letter since it is >180 days since I 485 applied, will there be any issues?
Please give your opinions...
From what I understand, you changed employers before filing I-485 and used the same Labor/I-140 from the old employer to file I-485 while working for the new employer? Wow!!! And your new attorney filed your I-485? Your attorney should have known better....
From what I know, it doesn't work that way, the 180 day rule applies to change of employment after filing I-485, not before you file it. You should have started a new LC/I-140 with company B and filed I-485 using the PD of the old approved I-140 from company A...But your case is not lost as long as you can provide an offer of employment from company A saying that they will hire you once the GC is approved...
Obviously, this is my opinion and others can comment on this as well....
more...
eb3India
04-21 10:20 AM
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
WAIT_FOR_EVER_GC
09-01 03:44 PM
Please post your concerns to this thread:
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
more...
krishnagk
09-17 07:53 PM
Gurus
Any one got EAD from NSC i.e receipts with LINXXXXXXX filed in july & Aug?
Any one got EAD from NSC i.e receipts with LINXXXXXXX filed in july & Aug?
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Kalloo dada
04-04 01:46 PM
Some people are just getting married to US Citizens and getting green card. we are waiting for ever. my friend came here last year got married and have a greencard.
more...
chanduv23
12-09 12:30 PM
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
Getting visa to go on cruise to Bahamas is not a big issue. People go in bunches to watch cricket matches when they play it in West Indies.
A travel agent will be able to answer your question.
Transit visas in Eurpoean countries is a pain and wierd rules and complex rules that very is something that gets discussed in these forums.
But, nevertheless, you may get an answer here.
Do please consider contributing now as we are running a funding drive
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
Getting visa to go on cruise to Bahamas is not a big issue. People go in bunches to watch cricket matches when they play it in West Indies.
A travel agent will be able to answer your question.
Transit visas in Eurpoean countries is a pain and wierd rules and complex rules that very is something that gets discussed in these forums.
But, nevertheless, you may get an answer here.
Do please consider contributing now as we are running a funding drive
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desi3933
07-31 04:20 PM
some one help please
Is your current job part time and GC is for future full-time job?
What about your fellows?
Is your current job part time and GC is for future full-time job?
What about your fellows?
more...
n_2006
11-05 05:31 PM
Is there any advantage choosing a local lawyer? Can some body please suggest attorney in Chicago area.
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maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
more...
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jsb
07-24 08:48 AM
Thanks JSB, I will try getting Infopass although I have tried it earlier but to no use. They do not give any info excepting "wait for your priority date to become current"
bsbawa10. Hope your case gets attention. You have been around for a long time with Apr04 PD.
You might want to review section pertaining to determination of processing center in the I-485 Operating Procedures. There is a detailed protocol to determine this, and if they find it to be at wrong center, they transfer it to what they believe it should have been. There may be some ambiguous areas due to changes in jurisdictions by USCIS after your I-140 approval, modified process, or your moving from one state to another. In any case take an Infopass, and ask if you can provide additional information related with your case shuffling between centers. As you know, first hurdle to cross is to see that a center has accepted your case for processing. Best...
bsbawa10. Hope your case gets attention. You have been around for a long time with Apr04 PD.
You might want to review section pertaining to determination of processing center in the I-485 Operating Procedures. There is a detailed protocol to determine this, and if they find it to be at wrong center, they transfer it to what they believe it should have been. There may be some ambiguous areas due to changes in jurisdictions by USCIS after your I-140 approval, modified process, or your moving from one state to another. In any case take an Infopass, and ask if you can provide additional information related with your case shuffling between centers. As you know, first hurdle to cross is to see that a center has accepted your case for processing. Best...
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yabadaba
10-19 08:49 AM
alex: its perm applications prior to 1/1/2006
hence between 03/28/2005 and 1/1/2006
hence between 03/28/2005 and 1/1/2006
more...
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tv25
09-16 04:18 PM
This waiver seems to be for Citizens and Green card holders right?
I have applied for 485 is this waiver applicable to me. Any thoughts?
I have applied for 485 is this waiver applicable to me. Any thoughts?
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gauravsh
07-20 10:50 AM
What is EB2-I please can you clarify. I am thinking EB2 is single entity.
its EB2-india
its EB2-india
more...
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pappu
02-09 11:42 AM
IV is in touch with USCIS, Admin officials as well and continuing our efforts with lawmakers. A year ago it was difficult to imagine. We have covered lot of ground in the past one year and this year due to the support of all our members we feel very motivated. Visa bulletins are very negative and let it be an inspiration for all of us to work harder to get rid of retrogression.
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rbalaji5
07-17 01:12 AM
My wife is currently pregnant and so she could not take all the vaccinations that are required. She did the other required medicals though. Will this cause our applications to be denied? Will they allow my wife to get the shots after our baby is born?
Dont worry - If you are on a family way or your wife is pregnant, no medication necessary, just specify that in the form under the remarks column through the Doctor. You can do the shot afterwards (after delivery).
Dont worry - If you are on a family way or your wife is pregnant, no medication necessary, just specify that in the form under the remarks column through the Doctor. You can do the shot afterwards (after delivery).
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addsf345
11-09 01:48 AM
You forgot the lawyers. How does it affect them? They are an important part of any law when written or changed.
Though there is no charge to revoke I-140 from CIS, corporate lawyers do charge money and that makes it in their interest to convince & pursue HR ppl to do so.:(
Though there is no charge to revoke I-140 from CIS, corporate lawyers do charge money and that makes it in their interest to convince & pursue HR ppl to do so.:(
caydee
03-07 06:00 PM
I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.
Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?
Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?
abracadabra102
08-14 10:16 AM
paskal,
you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!
texcan,
allow me to indulge you with this rhyme
member -> 50 posts
senior member -> 100 posts
administrator -> 5 gazillion posts
one small card green in color -> PRICELESS
peace of mind is something forum post can never bring.. for that you need green card !
Well, I heard that THE CARD is not green anymore:D
you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!
texcan,
allow me to indulge you with this rhyme
member -> 50 posts
senior member -> 100 posts
administrator -> 5 gazillion posts
one small card green in color -> PRICELESS
peace of mind is something forum post can never bring.. for that you need green card !
Well, I heard that THE CARD is not green anymore:D
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