gc_buddy
11-19 01:17 PM
Thanks everyone for the valuable inputs..
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java_jaggu
06-20 04:29 PM
logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
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garybanz
09-27 11:03 AM
My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
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iv_only_hope
09-30 03:13 PM
There is some potential good news on the horizon. DHS just published a notice (http://www.regulations.gov/fdmspubli...0000648072c5eb) that they intend to consolidate three of ancient CIS electronic record systems into a new database. Hopefully, this new database will yield the data the Visa Office needs.
Right now, the CIS does not have any comprehensive database that shows how many AOS cases are pending by preference classification, priority date, and country of chargeability. The new database that is supposed to become operational within the next ten days contains information gathered from the many independent CIS databases. Supposedly, this new database will show all of this information.
Once the CIS is able to provide the State Department with this information, the Visa Office will then (for the first time) have accurate information as to the actual demand for immigrant visas. They will then be able to make more accurate adjustments to the cutoff dates in the Visa Bulletin. For some time now, they have been flying blind without accurate information.
CREDIT:RON GOTCHER
Right now, the CIS does not have any comprehensive database that shows how many AOS cases are pending by preference classification, priority date, and country of chargeability. The new database that is supposed to become operational within the next ten days contains information gathered from the many independent CIS databases. Supposedly, this new database will show all of this information.
Once the CIS is able to provide the State Department with this information, the Visa Office will then (for the first time) have accurate information as to the actual demand for immigrant visas. They will then be able to make more accurate adjustments to the cutoff dates in the Visa Bulletin. For some time now, they have been flying blind without accurate information.
CREDIT:RON GOTCHER
more...
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blacktongue
10-05 11:07 AM
How did they pull it off?
If you file a lawsuit you can ask for documents.
If you file a lawsuit you can ask for documents.
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indianabacklog
10-29 02:58 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
more...
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harlyharly
06-25 06:12 PM
Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
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shana04
01-30 11:21 AM
Any feedback on this is appreciated.
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
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vikki76
04-26 03:52 PM
I am saying this from personal experience. When I was offered a job, I had to supply all these documents and go through this background check process which took 1 month to clear. My friends on H1-B,in other companies also had to go through same process.
My colleagues,who are US-Citizens and GC holders didn't have to comply with any of it.
Even in India,everyone has to supply a copy of their educational qualifications.So,it seemed pretty odd to me that why are companies accepting things at face value for Citizens and GC's.Everybody can lie.
My colleagues,who are US-Citizens and GC holders didn't have to comply with any of it.
Even in India,everyone has to supply a copy of their educational qualifications.So,it seemed pretty odd to me that why are companies accepting things at face value for Citizens and GC's.Everybody can lie.
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glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
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gcny2006
07-11 12:14 AM
We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .
May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people
lets not over do it. There is a thin line between it being tolerated and backfiring
May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people
lets not over do it. There is a thin line between it being tolerated and backfiring
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gcwait2007
10-21 11:50 AM
Our paralegal had advised as follows-
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
more...
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keepwalking
05-14 05:43 PM
Thank You
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
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hoosier07
07-26 10:54 AM
Hey all! Thanks my employer has finally found the upper portion of my I-797. Now, I am all set I guess :)
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surabhi
05-20 10:47 AM
I had duplicate I-485 based on same I-140. The A#s were different on both I-485.I was concerned about AP / EaD renewals. I took infopass and went to USCIS today.
I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.
I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.
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arunkotte
07-18 05:51 PM
Called again to find the same response of Denied.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
Make sure you save a copy of status showing pending today.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
Make sure you save a copy of status showing pending today.
more...
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Legal_In_A_Limbo
01-14 09:37 PM
please share ur experiences
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brij523
03-01 07:32 AM
Hi All,
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
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ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
purplehazea
05-31 12:45 PM
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.
alforever
04-04 02:57 PM
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
thank you! yes thats the plan of action, my employer called USCIS and thats what they told him, however, i dont think he asked speciaficlaly wether I94 was atached or not, i will check with my boss and maybe have him call back. Employer is filing the I-824 this time. I hope they dont send the duplicates to the old lawyer, as she disappeared without notice, very strange.
thank you! yes thats the plan of action, my employer called USCIS and thats what they told him, however, i dont think he asked speciaficlaly wether I94 was atached or not, i will check with my boss and maybe have him call back. Employer is filing the I-824 this time. I hope they dont send the duplicates to the old lawyer, as she disappeared without notice, very strange.