kondur_007
03-20 12:33 PM
I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
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blackberry
01-21 02:47 PM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
I came back last year December, no issues, No questions asked. The entire process was very smooth.
Just remember to carry all your documents.
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
I came back last year December, no issues, No questions asked. The entire process was very smooth.
Just remember to carry all your documents.
lazycis
12-22 08:48 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
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logiclife
07-09 12:48 PM
Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
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lahiribaba
02-12 02:08 AM
When I had posted a similar concept a few months back in this site I was ridiculed and called a madman...but now I see appreciation from the same people about a similar idea.
Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.
We get what we deserve..:)
Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.
We get what we deserve..:)
gcdreamer05
11-20 11:11 AM
This is good for texas but how abt nebraska ...... are they planning to do anything better now ? my app was sent to nebraska....... to the desert i guess ...... :rolleyes:
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karl65
10-27 08:46 AM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
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lalithkx
07-29 04:57 PM
I was wondering if there is any update available from this meeting?
Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.
Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.
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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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Sakthisagar
04-28 10:05 AM
I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
more...
prdgl
07-07 09:31 PM
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
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indianabacklog
07-31 12:22 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
more...
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chanduv23
05-13 12:44 PM
Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
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gceverywhere
06-10 08:00 PM
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
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indianabacklog
06-27 08:56 AM
If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.
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johnggberg
08-02 01:42 PM
Fed Ex is Good, never had any trouble with them
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gcisadawg
09-25 02:45 PM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
The slide is very informative and catchy. But the title could have been better. I thought of sending this to my colleagues at work. But the title
"What part of legal immigration don't you understand?" stopped me.
It could have been "Legal immigration 101" or something to that effect.
Enjoy
The slide is very informative and catchy. But the title could have been better. I thought of sending this to my colleagues at work. But the title
"What part of legal immigration don't you understand?" stopped me.
It could have been "Legal immigration 101" or something to that effect.
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anoopraj2010
07-30 11:11 PM
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
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pitha
05-29 10:50 PM
ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
HI.. Could you please send web-fax.. We want to reach 3000 number tonight..
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
HI.. Could you please send web-fax.. We want to reach 3000 number tonight..
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
Green.Tech
06-10 10:32 PM
Keep trying to motivate folks. Not every individual has the same motivation as others and that can be due to numerous reasons but I do request folks to wake up and look at the bigger picture. Make the most of this opportunity. If not instantly, may be in future, you will definitely see the benefits of the calls that you make and the money that you contribute.
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
So, for all those who care enough and are motivated, please burn those phone lines and contribute financially. Stand up for yourself cuss no one else is going to fight for you!
lusuresh
04-17 12:34 PM
US of A does not allow bonded labor, such type of agreements are not valid and void. Get your GC if possible; the more you bend the more they would like you to bend.
"Better to starve free than be a fat slave."
- Aesop
"Better to starve free than be a fat slave."
- Aesop
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