pointlesswait
03-31 11:30 PM
Dude,
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
wallpaper 4 Canadian provinces and 7
pt326bc
07-12 07:14 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
brij523
02-28 06:14 AM
Thanks you
2011 New Brunswick, Canada Map,
meetpravee
07-16 04:25 PM
Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/customer_service.xml)). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
more...
overseas
10-09 03:36 PM
The whole problem is where should I send my AP application to ?? :confused:
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
It depends on the state you live in. Please go through the AP filing instructions. There it is clearly mentioned.
Download "Download Instructions for completing Form I-131" at the below link and you can find the information in page 7.
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=dd346d26d17df110VgnVCM1000004718190a RCRD)
immiusa
06-16 10:44 AM
He needs to get his passport renew first.
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abracadabra
07-06 11:27 AM
Hope others also ask some questions
2010 U.S. states and Canadian
Bytes4Lunch
04-09 04:37 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
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thomachan72
10-19 12:27 PM
Very informative replies. Thanks!!
hair The Route Map (Large Version)
Britsabroad
November 30th, 2008, 08:01 PM
In the process as we speak Matt. Almost sold up & ready to begin acquisition...
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gesu
04-20 12:35 PM
Hi,
Does anybody know the procedure to transfer H4 to F1. Do I need I- 20 for that?
Regards,
Gesu
Does anybody know the procedure to transfer H4 to F1. Do I need I- 20 for that?
Regards,
Gesu
hot US States, Canadian
ronhira
06-08 11:40 PM
The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"
http://news.bbc.co.uk/2/hi/business/8086392.stm
This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:
http://news.bbc.co.uk/2/hi/business/8086392.stm
This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:
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house WEST US AND MEXICO MAP west
smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
tattoo This map was taken from this
Dhundhun
06-26 09:43 PM
Dear Fellow IVians
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
Big question is
1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
The entries for "Class requested" is shown as C09 in both cases, which i believe correct.
Help:
Has anybody received like this before? if it's normal, i'm not worried
If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????
Thanks in advance
Satya
Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737
Efiled EAD passing through multiple service centers
Mailed:
.... Confirmation Receipt
.... Photocopy of I485 recept
.... Photocopy of EAD both side
.... Original letter which came with EAD (after tearing upper part - for quick processing)
Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).
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pictures Idaho borders the Canadian
fatjoe
10-06 05:35 PM
Could you please tell me the reason you mentioed for "Description of your problem".
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
dresses Built-in maps of the 50 U.S.
kaisersose
07-02 04:11 PM
Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.
I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.
I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.
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makeup The map shows the Canadian
thomachan72
01-14 08:48 AM
Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
How can you protect jobs here by taking away the job of another person??
The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".
How can you protect jobs here by taking away the job of another person??
The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".
girlfriend Map with US States,
pmamp
02-27 07:42 PM
I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.
Please correct me if I am wrong.
http://www.hooyou.com/f-1/140filing.htm
Please correct me if I am wrong.
http://www.hooyou.com/f-1/140filing.htm
hairstyles map of U.S. amp; Canada area
Ramba
07-06 12:51 PM
The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
wenkatesh
04-20 09:45 PM
Hi,
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
shortchanged
08-09 02:04 PM
For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
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