immi_seeker
09-28 06:41 PM
After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
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StuckInTheMuck
09-02 01:53 PM
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
santa123
01-26 12:46 AM
/\/\/\
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shana04
03-25 02:29 PM
It seems to be only on economy? I couldn't find anything on immigration.
serach for immigration
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
serach for immigration
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
more...
DareYouFireMe
03-09 03:03 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
kshitijnt
05-14 07:44 PM
Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.
more...
nj_03_2004
07-26 02:36 PM
I think if it is voted then it will pass. It also has Senator Chuck Schumer�s (D-NY) amendment (2448) provision.
It should get more Democrat votes this time.
It should get more Democrat votes this time.
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the_jaguar
03-25 10:46 PM
Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
more...
jvordar
04-17 08:29 PM
Even if you transferred you can still work for old company and keep on working there without joining new company.
That's what i believe. Please consult attorney for confirmation
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
That's what i believe. Please consult attorney for confirmation
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
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gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
more...
monkeyman
01-29 05:50 PM
Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
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krishmunn
05-21 07:29 AM
AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
more...
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OLDMONK
06-15 03:08 PM
---
Sorry for a follow-up dumb question:
Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?
If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention
Sorry for a follow-up dumb question:
Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?
If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention
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pwilliams960
02-07 12:02 AM
The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.
more...
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ivjobs
11-06 06:44 PM
I dont wish to make this a publicity forum for companies or individuals, But it would be heartening to know about other successful entrepreneurs who have been in the similar shoe of this immigration mess. It would be nice if IV members can post their successful ventures in the yahoo group and inspire other members. Please refrain to advertise but feel free to share your experience as an entrepreneur and your successful ventures in the yahoo group.
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snathan
05-25 01:48 PM
Search the forum, it full of post where people has called SNATHAN a MORON
now I am not saying so... he might not be a MORON but then why most of people call him so ??
Welcome back PlainSpeak...aka Poornima,
Jet flyer is waiting for you...
Its time for IV to ban your IP....you know the dog's tail.
now I am not saying so... he might not be a MORON but then why most of people call him so ??
Welcome back PlainSpeak...aka Poornima,
Jet flyer is waiting for you...
Its time for IV to ban your IP....you know the dog's tail.
more...
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surabhi
06-02 11:37 AM
just one more Qn:
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
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calif
10-29 03:59 PM
which service center?
Give a try if they can update it.
Give a try if they can update it.
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prinive
03-27 12:26 PM
Thanks Buddy...
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
gjoe
01-04 11:47 AM
NY DL will have your last date of legal residence (H1B expiry or I94 expiry) in big red fonts saying you are "temp visitor until ddMonYYYY. BUt your license will be valid for 5 yrs if it is you are applying for first time in NY state. If it is a NY state license renewal the license will renewed for the next 8 years. The only problem the bold , big and red font saying you are a temp visitor.
sukhyani
01-03 11:16 AM
Guys,
I am seeing in CRIS, Soft LUD's on old H1B extentions dated 12/30/07 (2006,2007) while none recent one on 140/485!
Any ideas to help me understand. My 140/485 were filed in July 2007 concurrently. FP/EAD/AP were done.
Gurus can you please throw some more light on the following email that I have received from USCIS? I was wondering what the standard processing should mean at this stage?
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case.
My PD is 09/04 ROW, I485 was filed on June 05th 07.
I am seeing in CRIS, Soft LUD's on old H1B extentions dated 12/30/07 (2006,2007) while none recent one on 140/485!
Any ideas to help me understand. My 140/485 were filed in July 2007 concurrently. FP/EAD/AP were done.
Gurus can you please throw some more light on the following email that I have received from USCIS? I was wondering what the standard processing should mean at this stage?
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case.
My PD is 09/04 ROW, I485 was filed on June 05th 07.
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