eb2waiter
09-18 05:00 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Please let me know...
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java_jaggu
06-20 04:29 PM
logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
GC_1000Watt
02-01 03:24 PM
How about multiple submissions? :D
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telekinesis
11-18 03:41 PM
At least we know one of mdipi's lacking personal traits include good sportsmanship! :-\
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
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Green.Tech
07-18 01:37 PM
It's hard to predict EB-2 vs. EB-3 movement but I would think that an earlier PD is the way to go.
akilhere
01-21 12:35 PM
If you do invoke AC-21, you might have problems with your petition as there seems to be a big difference between a Sr. Program Manager and a Programmer Analyst.
However, if i were you, i would still take up the new role and send in the AC21. There is a possibilityt hat they will approve it.
What's the point of a GC if you are locked in on your career growth anyways!?! Remember, these are your most productive years!
However, if i were you, i would still take up the new role and send in the AC21. There is a possibilityt hat they will approve it.
What's the point of a GC if you are locked in on your career growth anyways!?! Remember, these are your most productive years!
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srinivas_o
09-18 05:40 PM
I have filed on July 2nd itself and still no receipt, no FP notice, nothing. Called USCIS 3 times and they asked me to wait until it's been 3 months after the filing. Then only they will do something it seems.
BTW, how can I get to 2 Level representative?
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
BTW, how can I get to 2 Level representative?
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
2010 CIA#39;s lack ops division.
eastindia
05-18 12:55 PM
I thought about it again and think everyone has the right to post on forum as much as you. If IV does not like it, they will delete it. If you do not like a thread do not read it. Who is forcing you to read a thread? If you want to read something specific to your interest, there is a nice website I found recently. It is called 'Google'. All you have to do is type a keyword and Google will give you back thousands of websites of your interest for free. Isn't this amazing?
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eager_immi
02-15 10:06 AM
Please read comments carefully, the person has GC, spouse does not, he/she may have gotten married after GC. Yes spouse can get H1B with no problem.
Thanks
:confused:
why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS
Thanks
:confused:
why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS
hair shizzel-_ - Black Ops Ballist.
snallini
05-23 11:34 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
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a_yaja
01-22 01:35 PM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
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nogc_noproblem
02-14 02:01 AM
I485 along with EAD and AP applications filed during July 02 for me and my family. Got EAD and AP. Used Company�s attorney to file my applications. I live in Michigan and all documents send to TSC. My I-485 is pending with TSC.
Renewed EAD and AP last year, again used the same attorney. That time they filed EAD and AP applications at NSC as per http://www.uscis.gov/files/form/I-765instr.pdf page 11
I am still on H1B and never used EAD and AP.
I am planning to file EAD and AP renewal now (paper filing), but this time on my own. My questions are:
How can I ensure that all communications from USCIS will be sent to me and not to the attorney? How the earlier G-28 forms we submitted will cease?
Do I need to submit my EAD and AP renewal applications to NSC? In other forums somebody suggested that it need to be filed at the service center where my I485 is pending.
Recently I had been to SSN office to get SSN# for my son (8 years). They refused to give SSN and asked me to get EAD for my son. When I questioned how EAD can be applied for a minor, they responded saying that I can apply EAD for minor and based on that EAD, SSN (not permitted to work) will be given to my son. Anybody got EAD for minors?
Thanks in advance for your help.
Renewed EAD and AP last year, again used the same attorney. That time they filed EAD and AP applications at NSC as per http://www.uscis.gov/files/form/I-765instr.pdf page 11
I am still on H1B and never used EAD and AP.
I am planning to file EAD and AP renewal now (paper filing), but this time on my own. My questions are:
How can I ensure that all communications from USCIS will be sent to me and not to the attorney? How the earlier G-28 forms we submitted will cease?
Do I need to submit my EAD and AP renewal applications to NSC? In other forums somebody suggested that it need to be filed at the service center where my I485 is pending.
Recently I had been to SSN office to get SSN# for my son (8 years). They refused to give SSN and asked me to get EAD for my son. When I questioned how EAD can be applied for a minor, they responded saying that I can apply EAD for minor and based on that EAD, SSN (not permitted to work) will be given to my son. Anybody got EAD for minors?
Thanks in advance for your help.
more...
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Jimi_Hendrix
11-17 12:51 AM
On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
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rangaswamy
06-21 09:34 AM
Thanks for all the replies. Its a very good point that the medical wil get delayed as i have mine scheduled next thursday.
Will see if there is any work around.
Also... You can submit your husbands work papers as you are a dependent.
If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport
I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.
Will see if there is any work around.
Also... You can submit your husbands work papers as you are a dependent.
If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport
I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.
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Breezestorm
07-22 05:50 PM
Can you please tell us why you need PCC from India? Is this for the 485?
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map_boiler
04-28 11:22 AM
...that the new job is similar or related to the pending I-485 application.
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
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SanjayP
07-04 03:48 PM
They are already against us and shouting on top of their lungs "SLUMDOG" for the reason that cowards and scared and suppressed people like you never gonna do anything.
The same attitude like yours actually made us slaves for many more years, instead would have got the freedom long long time back.
Next time when your tail is between your legs , do not try to make suggestions.
Average American is not calling anyone slumdog. But Average American guy would be angry if he thought guest worker was saying they work harder than lazy Americans. So to say or spread this idea is not helpful to anybodys goals as CIR needs support from American citizens who will not like being thought of as lazy or not working hard.
The same attitude like yours actually made us slaves for many more years, instead would have got the freedom long long time back.
Next time when your tail is between your legs , do not try to make suggestions.
Average American is not calling anyone slumdog. But Average American guy would be angry if he thought guest worker was saying they work harder than lazy Americans. So to say or spread this idea is not helpful to anybodys goals as CIR needs support from American citizens who will not like being thought of as lazy or not working hard.
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kart2007
11-18 07:55 PM
its down, so .. so what? how does it matter?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
hairstyles former lack-ops agent
arc
11-12 01:08 AM
I have a future employment never worked for them and was going to do a AC21 cause I received RFE asking my intent, the RFE mentioned that I can either do AC21 with current company or stay with the future employment company... :confused: I stayed with the future employment company and I thank my stars cause the current company I worked for went under...:eek:
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
nixstor
11-17 09:38 AM
Guys.. It has to pass through the house still..
cvk90
06-23 10:31 PM
My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.
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