ja258
04-03 11:16 AM
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
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va_dude
07-20 06:08 PM
Let us know what you find out from your subsequent calls or infopass appointments.
lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
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VenuK
07-09 11:29 PM
--H1-B Case History--
Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
(1) Make an appeal ( which i did)
(2) Leave the country in 30 days. ( which i obviously not choosen)
Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
with Same I-94 number that of company X. I have to get visa stamped with
company Y asap.
--Points to be noted--
(1) paystubb are still generated with company X till current date.
(2) passport coming to expiration on March, 2009
(3) I'm currently working at the client site.(started since Sep, 07)
(4) Did Masters from Jan 2001 to Dec 2003
--PIMS Verification--
I heard new process being put in place.
does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.
--Questions--
Does any one can advice who have gone (or) is under similar situation
on the following things?
(1) Is it legal to work in current situation that I'm in
(2) how good are my chances for getting visa stamped in Tijuana,Mexico.
(3) Planning to go for stamping in Next couple of months. kindly let me know if any one
wants to join me for getting stamping done in Tijuana, Mexico.
(4) Additional information in this related is more than welcome
(5) What could be the potential questions that can be asked during stamping interview?
Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
(1) Make an appeal ( which i did)
(2) Leave the country in 30 days. ( which i obviously not choosen)
Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
with Same I-94 number that of company X. I have to get visa stamped with
company Y asap.
--Points to be noted--
(1) paystubb are still generated with company X till current date.
(2) passport coming to expiration on March, 2009
(3) I'm currently working at the client site.(started since Sep, 07)
(4) Did Masters from Jan 2001 to Dec 2003
--PIMS Verification--
I heard new process being put in place.
does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.
--Questions--
Does any one can advice who have gone (or) is under similar situation
on the following things?
(1) Is it legal to work in current situation that I'm in
(2) how good are my chances for getting visa stamped in Tijuana,Mexico.
(3) Planning to go for stamping in Next couple of months. kindly let me know if any one
wants to join me for getting stamping done in Tijuana, Mexico.
(4) Additional information in this related is more than welcome
(5) What could be the potential questions that can be asked during stamping interview?
more...
xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
kumar1305
02-10 01:07 PM
5 Years should be fine.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
more...
RSM1444
08-06 12:54 PM
looks interesting.
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gcnirvana
07-11 02:27 PM
Franklin, I just sent you a PM.
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
more...
GCNirvana007
10-08 05:03 PM
You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
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vishalsab2003
06-26 12:19 PM
Thanks for your reply, I also recvd my approval last week. Thanks a lot for reply and wish you all the best.
more...
GCard_Dream
03-06 05:10 PM
I just wanted to make a comment. I don't have anything against color red; in fact I like red :) . It's not the red dot that bothers me; it's the delay in the GC processing. Peace.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
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kirupa
11-11 01:07 PM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
:)
more...
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madmax78
01-26 08:47 AM
Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.
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bhatt
11-21 04:54 PM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.
more...
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vikramy
11-19 07:39 PM
^^^^
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herns
03-07 08:38 PM
I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
more...
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kshitijnt
05-10 03:49 PM
The whole US consulate experience in India is annoying and incompetent. Forget Hyderabad consulate alone.
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kentsubra
10-10 12:06 PM
i filed for me and my wife through the lawyer on july 6th at NSC. I did not and havent received a receipt; however, 2 days ago we both received the EAD card (no AP yet) through the mail. I THEN went and checked the status online, and there it said cards had been ordered for processing.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
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smiledentist
10-21 04:55 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
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...
xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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