raj2007
04-02 09:25 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.
Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.
MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.
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.
Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.
MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.
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bsbawa10
05-10 09:08 AM
since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
chtting2me
10-17 05:39 PM
Mine is filed on Junly20, still my checks are not cashed yet.
After some analysis on receipt delay's and talking to some other senior members in this group here is my description.
Because of high volume of 485 applications USCIS deceided to hire some consultants.
USCIS gave some instructions to consultants. If 485 applications are 100% correct they are issuing
receipts. Other wise they are sending to 2nd level of verification.
even some of friends got receipts who applied on Auguest 17th.
The problems i seen in my application are
1) My H1 extension got expired before i send to USCIS. I did not enclosed my approval notice (when i post my application i did not received my approvals)
2) On 485 part 2 instead of choosing option 1 my immigration person selected option others and mentioned in that column becasue of I140 receipt number (SRC xxxxxx) i am eligiable for applying 485
i seens some other cases also who's receipt are delayed the did some other mistakes.
Experts please give me suggesstions because of above mentioned things is any problems to get GC or receipt numbers
After some analysis on receipt delay's and talking to some other senior members in this group here is my description.
Because of high volume of 485 applications USCIS deceided to hire some consultants.
USCIS gave some instructions to consultants. If 485 applications are 100% correct they are issuing
receipts. Other wise they are sending to 2nd level of verification.
even some of friends got receipts who applied on Auguest 17th.
The problems i seen in my application are
1) My H1 extension got expired before i send to USCIS. I did not enclosed my approval notice (when i post my application i did not received my approvals)
2) On 485 part 2 instead of choosing option 1 my immigration person selected option others and mentioned in that column becasue of I140 receipt number (SRC xxxxxx) i am eligiable for applying 485
i seens some other cases also who's receipt are delayed the did some other mistakes.
Experts please give me suggesstions because of above mentioned things is any problems to get GC or receipt numbers
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krishnam70
05-08 03:52 PM
Thanks. Great to see someone active and contributing despite getting the greencard.
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal
-cheers
kris
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal
-cheers
kris
more...
admin
02-12 09:19 AM
sundar99,
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
calaway42
10-04 01:04 AM
I am suppose to fill in the whole layer.. hwhere is the marquee area for the whole layer?
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cbpds
08-20 02:04 PM
dont go and get caught in swine flu
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
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Green.Tech
04-17 12:19 PM
My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
kriskris,
IMHO, I don't think it matters. In the end, it is the IO's decision. There are no guarantees either way, and similarly there should not be an issue either way. Personally, I would want all three to be standing at one counter than at different counters.
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
kriskris,
IMHO, I don't think it matters. In the end, it is the IO's decision. There are no guarantees either way, and similarly there should not be an issue either way. Personally, I would want all three to be standing at one counter than at different counters.
more...
ski_dude12
07-21 03:22 PM
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
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gc_rip
07-06 12:52 PM
Thanks Ann,
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
more...
jotv
11-04 01:37 AM
Hai ,
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
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looivy
11-21 12:28 AM
Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
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goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
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shana04
01-31 01:21 AM
Friends,
Need help and suggestion.
To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:
I leave in a single bed room ground floor 785 Sq ft.
I have called the customer service for dispute and investigation.:mad::mad::mad:
Has any one encountered this kind of problems with electricity department. please enlighten !!!
:confused::confused::confused:
Need help and suggestion.
To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:
I leave in a single bed room ground floor 785 Sq ft.
I have called the customer service for dispute and investigation.:mad::mad::mad:
Has any one encountered this kind of problems with electricity department. please enlighten !!!
:confused::confused::confused:
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jonty_11
07-11 03:07 PM
as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...
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TwinkleM
01-30 11:03 AM
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
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imneedy
05-22 05:21 PM
Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?
Let's hope :o
Let's hope :o
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Jaime
09-05 03:51 PM
Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act�.
Excellent points! All the more reason to attend the DC rally on the 18th!
Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
In simple terms, priority dates will become current as soon as the bill passes.
Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.
One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.
So think and act�.
Excellent points! All the more reason to attend the DC rally on the 18th!
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glus
01-03 10:15 AM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
boreal
02-05 06:28 PM
Can you please let me know if you received my email.
Thanks
wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...
Thanks
wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...
spicy_guy
07-30 02:27 PM
Can someone translate (if you have patience)?
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