sri_chicago
05-14 06:33 PM
Hi--
Priority Date : Feb 2006/EB3
I-140 Approved on Sept 2006
I-485 filed on 07/02/2007
Spouse I-485 online status changed to requested additional evidence on May 01,2009.
As of now either me or my attorney not received RFE letter.
Please advice how to solve this.
Priority Date : Feb 2006/EB3
I-140 Approved on Sept 2006
I-485 filed on 07/02/2007
Spouse I-485 online status changed to requested additional evidence on May 01,2009.
As of now either me or my attorney not received RFE letter.
Please advice how to solve this.
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CatsintheCraddle
05-04 03:31 PM
Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
snathan
07-31 01:23 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
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nousername
09-14 02:10 PM
I'm sure it is legal.. It is just a form of kitty. We are not using the money for any gambling etc..
I like the idea and I'm in..
I like the idea. But I wonder if this legal...
I like the idea and I'm in..
I like the idea. But I wonder if this legal...
more...
smuggymba
09-14 02:38 PM
Is there a way to find all "active" members? If we're in the range 5000, then 10 per month for every user is good.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
sodh
07-27 05:03 PM
And one more thing notarize the request, its not neccesary,but its better to be safe.
more...
meridiani.planum
12-19 12:45 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
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anoopraj2010
07-29 08:11 AM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
more...
pmpforgc
04-08 12:09 AM
since it might be easy to pass PACE Act. We can try to attach all this amendments included in SJC/Frist bill along with Brownback amendment to be included for high skill legal immigration reform in the PACE act. PACE Act already has some immigration provisions which can be modified to included these amendements. It has big support from both sides and we are not attached to undocumented or agricultural workers there, so may not be that much oppostion except in house.
This is some thing to think about in this recess.
This is some thing to think about in this recess.
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chaukas
08-28 03:20 AM
Have sent several mails , but to no avail ....
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Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
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jotv
10-16 10:52 PM
hai all ,
i dont know where to write this topic , if it is wrong place please excuse me.
i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question
by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.
please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .
those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.
i will really appriciate your help .thank you in advance.:mad:
i dont know where to write this topic , if it is wrong place please excuse me.
i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question
by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.
please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .
those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.
i will really appriciate your help .thank you in advance.:mad:
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mkiv
05-21 12:34 PM
You must send the letter from your original employer if you have not used AC21.
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harsh
11-10 04:15 PM
Hi I am from Huntsville... This is a good place to get together. It will really help when we meet lawmakers if we can show that there is more than 1 person who is affetced by the retrogression. So if there are anymore alabama residents sign up.
more...
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sts_seeker
05-14 06:30 PM
I AM ALSO victim of same situation. I got my RFE and replied already but wife's RFE hasn't been received and its been more than 3 weeks. My atty called, sent letters and I also called but no letter yet. Don't know why this same pattern happening?
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actonwang
06-16 02:05 PM
it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(
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satyasrd
08-25 08:58 AM
Hi,
I am new to the GC process and this forum where I have been reading a lot of posts lately, especially like this one, where people are talking about converting from EB3 to EB2. But my basic understanding was that you cannot use experience from your current company in order to do that. Since my process is just starting in EB3/I and I would definitely like to have that option in the future, could someone going through this conversion or attorneys please shed some light as to how this can be done.
I greatly appreciate your advice !
Thanks,
I am new to the GC process and this forum where I have been reading a lot of posts lately, especially like this one, where people are talking about converting from EB3 to EB2. But my basic understanding was that you cannot use experience from your current company in order to do that. Since my process is just starting in EB3/I and I would definitely like to have that option in the future, could someone going through this conversion or attorneys please shed some light as to how this can be done.
I greatly appreciate your advice !
Thanks,
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reverendflash
10-21 01:59 AM
there are a ton of sites out there for just that... how to improve your snapshots...
You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...
:P :P
Rev:elderly:
You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...
:P :P
Rev:elderly:
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rajunpatil
08-30 05:02 PM
--------------------------------------------------------------------------------
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
tnite
06-26 10:09 AM
what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
abhijitp
07-18 07:39 PM
Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.
sure, I would sign up for the contribution.
I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!
sure, I would sign up for the contribution.
I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!
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