Life2Live
06-06 11:32 AM
Bump
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chanduv23
04-01 01:34 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
singhsa3
02-28 10:20 AM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
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diptam
08-10 12:05 PM
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
Hi,
Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.
Thanks!
Lasantha
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
Hi,
Is the weekly service center press release out? Where can I find those press releases? I couldn't find any links on the USCIS site.
Thanks!
Lasantha
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gsvisu
07-15 06:26 PM
I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.
venkatosizolon
03-28 11:46 PM
I was in between projects when they didnt pay but this time they are not paying when I am on project. shoud I make difference when I will complain?
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Saralayar
08-11 03:43 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
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mvinayam
08-12 11:07 PM
On 2nd July, what time was your i-485 application received at NSC?
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
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eb3_nepa
05-02 04:07 PM
At this rate Aman is soon gonna become a Senator or a Congressman :) ;)
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gimme_GC2006
03-25 09:23 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
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newuser
04-13 12:23 PM
Recently travelled through EWR using AP without any issues. No questions asked. Only issue was the wait time in the secondary inspection room. There were about 25-30 people waiting infront of me. It took one hour 30 mins to finish the process at the secondary inspection room.
On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.
On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.
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Immigstories
01-11 01:32 PM
Gurus
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.
I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:
1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?
2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.
I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.
I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:
1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?
2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.
I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
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ramus
05-30 09:00 PM
Bostn_gc, please help us..
While other members helping you can you also help IV and send some web-faxes..
Thanks.
While other members helping you can you also help IV and send some web-faxes..
Thanks.
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maddipati1
07-30 02:02 PM
USCIS updated today (07/30/07), the form 765 and instructions corresponding to 765
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
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msgoud
03-08 12:40 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
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ak27
08-15 11:10 AM
Hello,
I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.
I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.
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waitin_toolong
01-15 10:39 AM
To reeneter you need approved I-797 of the employer that you will be working for as well as unexpired H1 stamp. Stamp can be for the other employer as long as it is not expired.
You cannot eneter using the receipt, you need approval. So if it seems to be taking a long time to get approval go ahead and upgrade your petition to premium
You cannot eneter using the receipt, you need approval. So if it seems to be taking a long time to get approval go ahead and upgrade your petition to premium
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here4gc
04-09 02:44 PM
call or check with them...you can ask to be on the phone also..so that you can get any questions answered..
I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...
Goodluck!
I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...
Goodluck!
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fromnaija
03-18 04:53 PM
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
Ramba
08-07 08:31 PM
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
kalyan
11-13 09:29 AM
I would suggest that , fighting against a state will be costly, paying the attorney fees, several rounds of presence.
You can buy good properties rather than fighting state (governments)
You can buy good properties rather than fighting state (governments)
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