eb3retro
04-05 06:27 PM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
seriously dude..whats urgent about this? why do people create new threads with words like urgent, please help, etc etc, when the matter is not even urgent. This is a public forum, if its really urgent case, i have seen lots of people including myself, pitching in and giving their advices. And also, if it is really an urgent issue that you can't wait for responses, you need to be talking to the lawyer.
now coming to your case, i have no reason to believe that your case / question is urgent. You changed address and you got an RFE. you can respond to RFE as long as you are in the same/ simlar job description or whatever the RFE is for. You do not even have the actual RFE with u yet. Tell me whats the urgency about this. Infact if you just follow my posts, i have also posted to a thread that deals with responses to RFE's. I am wondering whats the need to open a new thread with URGENT as the thread name.
I hate to tell this, due to posts and threads like this, people who really require help with some urgent issues, their posts gets ignored. Please understand that this is a public forum and understand that I am just using your thread to send this message to everyone who does this. Nothing personal against you. Hoping you will understand..
Thanks.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
seriously dude..whats urgent about this? why do people create new threads with words like urgent, please help, etc etc, when the matter is not even urgent. This is a public forum, if its really urgent case, i have seen lots of people including myself, pitching in and giving their advices. And also, if it is really an urgent issue that you can't wait for responses, you need to be talking to the lawyer.
now coming to your case, i have no reason to believe that your case / question is urgent. You changed address and you got an RFE. you can respond to RFE as long as you are in the same/ simlar job description or whatever the RFE is for. You do not even have the actual RFE with u yet. Tell me whats the urgency about this. Infact if you just follow my posts, i have also posted to a thread that deals with responses to RFE's. I am wondering whats the need to open a new thread with URGENT as the thread name.
I hate to tell this, due to posts and threads like this, people who really require help with some urgent issues, their posts gets ignored. Please understand that this is a public forum and understand that I am just using your thread to send this message to everyone who does this. Nothing personal against you. Hoping you will understand..
Thanks.
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Jaime
05-27 10:02 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/22/AR2006052201516.html
logiclife
12-11 01:23 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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waitnwatch
04-21 02:18 PM
Do you realize that this thread is from 2006.
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
more...
gimme_GC2006
07-19 02:24 PM
Do they have a signature authorization from you? If not , they can not send a G-28 that is not signed by YOU !
Cool...I didnt give any sign. autho..I just sent docs yesterday...
so keeping my fingers crossed until they file (without asking me to sign G-28 in between) :D
Cool...I didnt give any sign. autho..I just sent docs yesterday...
so keeping my fingers crossed until they file (without asking me to sign G-28 in between) :D
GCWhru
09-19 06:48 PM
Funny to read this thread, another lighten up thread. :)
more...
vsrinir
09-22 12:44 PM
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
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talash
05-21 06:52 PM
hey can i call u or u call me if i PM u my fone number ?
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GCOP
08-14 03:06 PM
I am ready for Visit to DC.
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nagu
02-02 12:59 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
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lj_rr
09-25 10:10 PM
Received EAD Ordered email today.
Filed on July 24 at TSC.
Receipt mailed on 9/13.
Filed on July 24 at TSC.
Receipt mailed on 9/13.
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geesee
07-13 10:26 AM
I must say you guys at IV rock big time... I wasnt aware of this site till July flipflop started... Am so glad I joined here...
Myself a legal immigrant, been in US since July 2000, keeping Priority date of Nov. 2004, getting 140 approved, a stupid enough to pay $750 for medicals without shopping around and planning to file I-485 after the dates are "really" current!
Promise I wont be just a guest here.. will soon start monthly contribution...
Now lets get back to USCIS site waiting for Aug. bulletin...
May GOD bless you with a green card very soon!! Amen :)
Myself a legal immigrant, been in US since July 2000, keeping Priority date of Nov. 2004, getting 140 approved, a stupid enough to pay $750 for medicals without shopping around and planning to file I-485 after the dates are "really" current!
Promise I wont be just a guest here.. will soon start monthly contribution...
Now lets get back to USCIS site waiting for Aug. bulletin...
May GOD bless you with a green card very soon!! Amen :)
more...
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saimrathi
08-15 12:43 PM
/\/\/\/\
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qesehmk
05-11 04:54 PM
Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Thanks.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Thanks.
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ImmiUser
07-12 11:36 PM
how short ? I am waiting for aug Bulletin from lat 1 hr :cool:
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immigrant2007
08-20 11:02 PM
This is a question and request for all my friends here who read this thread, please take a moment and think what we need and what all can do.
If all of us (imagine all who are stuck in this backlog moribund) start an endless campaign till we see the results we want dont you think it is possible, I urge eveyrone to respond to this, if someone wants to abuse me...curse me please do so but please everyone respnd to this..alteast give a try we cant stop anything till we have actually tried and tried and tried......
We might agree at first, we will try again , lets keep on doing that till we succeed. Please understand each one of us and help themselves and all of us.
I suggest a title for our campaign
"HOW LONG?"3 years, 5 years, 7 years, 10 years, 15 years, 20 years or more?
PD in 2008 was 2001
PD in 2009 was 2001 and so on.........
2001 still stuck,
When will number for 2002, 2003, 2004, 2005,2006,2007,2008,2009 come?
If all of us (imagine all who are stuck in this backlog moribund) start an endless campaign till we see the results we want dont you think it is possible, I urge eveyrone to respond to this, if someone wants to abuse me...curse me please do so but please everyone respnd to this..alteast give a try we cant stop anything till we have actually tried and tried and tried......
We might agree at first, we will try again , lets keep on doing that till we succeed. Please understand each one of us and help themselves and all of us.
I suggest a title for our campaign
"HOW LONG?"3 years, 5 years, 7 years, 10 years, 15 years, 20 years or more?
PD in 2008 was 2001
PD in 2009 was 2001 and so on.........
2001 still stuck,
When will number for 2002, 2003, 2004, 2005,2006,2007,2008,2009 come?
more...
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vdesai_8
03-31 03:33 PM
Done.
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ps57002
07-23 12:28 PM
plz confirm regarding the totally diff name on BC. it was made a few days after birth. i guess i was renamed after astrological consultations. No name change registered. BC only has a 'first' (nickname i guess..it's not even my nickname)...lol i got switched at birth...kidding.
so i am getting original BC. I will get affadavits with line saying "she was known by nickname --- at birth" or somethng like that...
so i am getting original BC. I will get affadavits with line saying "she was known by nickname --- at birth" or somethng like that...
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d123
10-04 10:13 AM
I am waiting for my AP since Aug 31 . Aug 31 is when they approved the AP and Its is lost in Transition or may be it was not at all mailed.
My wife got her AP in time we were both approved at the same time.
-D
My wife got her AP in time we were both approved at the same time.
-D
Legal
07-19 04:53 PM
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
WeShallOvercome
07-19 01:27 PM
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
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