franklin
06-20 10:36 AM
For 485, EAD and AP , Do we need get three quarter old fashion photo . I mean facing diagonal or facing straight to camera? I believe old one was looking diagonal to camera.
No - see the links i posted originally
No - see the links i posted originally
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sorcerer666
03-25 12:52 PM
I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.
***I am not a lawyer***
***I am not a lawyer***
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saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
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chandrajp
06-19 01:18 PM
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
more...
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ashkam
03-24 11:26 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
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chanduv23
06-12 04:30 PM
This is my first post, so bear with me.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
more...
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Lasantha
06-19 02:14 PM
---
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
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martinvisalaw
06-01 06:13 PM
CIS could have asked for a copy of your previous Advance Parole, for example, in the I-131 RFE. Hopefully you have received the RFE by now so you know what it asks for. You should also have got the I-140 notice. If not, you should call CIS to see where they sent it in case it went to the wrong address.
more...
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h1bjava
03-20 03:49 AM
H1B extension from an IT consulting company with TARP company as the client, please share your H1B extension experiences here. Thank you.
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kshitijnt
03-07 12:49 AM
Hi People,
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.
more...
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go_guy123
04-17 05:00 PM
In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)
Another good and realistic post by Greg Siskind. IN some ways it better to try CIR this year.
Obviously it will fail...but at least we will do away with these "comprehensive" things and
focus on piecemeal.
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)
Another good and realistic post by Greg Siskind. IN some ways it better to try CIR this year.
Obviously it will fail...but at least we will do away with these "comprehensive" things and
focus on piecemeal.
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sujitg
11-28 02:38 PM
Hi,
I have seen that myself a couple of times. I had read somewhere on the USCIS site that the dates get updates also as a result of some backend process that they run on their side too, not necessarily when status change happens.
Hope that helps
Sujit
PD april 30, 2002
I-485 Jan 8, 2007
Waiting....waiting...waiting...
I have seen that myself a couple of times. I had read somewhere on the USCIS site that the dates get updates also as a result of some backend process that they run on their side too, not necessarily when status change happens.
Hope that helps
Sujit
PD april 30, 2002
I-485 Jan 8, 2007
Waiting....waiting...waiting...
more...
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moonrah
06-01 08:45 AM
Be adviced, even though they are ready to file your GC in EB2, they frequently lay off people in which case they might not be able to file your GC on the commited day. Big companies go by book. Generally when company lays off, it can not file new labor within 180 days of the effectice lay off. Of course it depends on what kind of people they are laying off and if the title matches your position and what not. But this happened to me. I work for another big company (not oracle) and mine was delayed six months due to this reason. I do not want to scare you but just want to educate you. Think about all these scenarios before making any decision. Good Luck.
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needhelp!
11-21 02:10 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
more...
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sunny1000
03-28 07:49 PM
Hi,
I have contributed a few hundred dollars in the past to IV. I am not in a position to do it now. But, will do again in the future.
My question is, will my previous donations entitle me a DONOR status?
Please let me know.
Thanks.
Thanks fr your support to Immigration voice
In order for us to encourage people to contrbute we started the donor system. We are encouraging people to contribute 25 dollar per month to subscribe. If they pay more say- 100, then it will give them subscription for 4 months.
we have just started this system and hope to fine tune and improve and also provide more services to all our members.
We are trying not to include past contributions because it will get tough for us to get future contributions that we can invest in IV for all future and current initiatives.
fyi -from my PM
I have contributed a few hundred dollars in the past to IV. I am not in a position to do it now. But, will do again in the future.
My question is, will my previous donations entitle me a DONOR status?
Please let me know.
Thanks.
Thanks fr your support to Immigration voice
In order for us to encourage people to contrbute we started the donor system. We are encouraging people to contribute 25 dollar per month to subscribe. If they pay more say- 100, then it will give them subscription for 4 months.
we have just started this system and hope to fine tune and improve and also provide more services to all our members.
We are trying not to include past contributions because it will get tough for us to get future contributions that we can invest in IV for all future and current initiatives.
fyi -from my PM
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immigrationvoice1
02-10 03:02 PM
This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.
more...
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brij523
02-28 06:14 AM
Thanks you
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go_guy123
08-18 12:51 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
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hk196712
07-16 12:31 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Thanks
natrajs
02-10 04:14 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Congrats and Best Wishes
Your H1B extension request will be automatically denied and you don't have to worry about.
its been a long wait, Congrats again
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Congrats and Best Wishes
Your H1B extension request will be automatically denied and you don't have to worry about.
its been a long wait, Congrats again
reachinus
07-14 01:44 PM
Can you please tell us from where you got those LIN # from -source please
uscis web site
uscis web site
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