resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
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Outkastpb231
11-02 03:51 PM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
fatjoe
10-06 05:12 PM
How did you know that your case was pre-adjudicated on Sept 18th 2008?
Is there anywhere that information is available? Thanks.
Take an infopass. They can tell if your case is pre-adjudicated or not.
Is there anywhere that information is available? Thanks.
Take an infopass. They can tell if your case is pre-adjudicated or not.
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chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
more...
LongWait2005
07-13 08:31 AM
Done.
wellwishergc
07-06 12:17 PM
pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
more...
GKBest
10-31 02:19 PM
I will take an Infopass. Did you get a new Card or they just corrected in their system?
Will update you once I get there. I just took my lawyer's advise.
Will update you once I get there. I just took my lawyer's advise.
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quizzer
11-09 02:37 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
more...
reachinus
07-14 12:14 PM
Receipt Number: lin0720551219
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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bidhanc
07-30 07:03 AM
Brasil,
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
more...
jonty_11
12-13 11:06 AM
That is provided the dems are in pursuit of CIR.
Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....
Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....
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gc_chahiye
08-26 11:22 PM
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
more...
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tictac
09-09 05:22 PM
absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
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a_yaja
01-02 01:52 PM
Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).
Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?
Thanks !
It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.
Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?
Thanks !
It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.
more...
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gcchaahiyey
04-07 04:14 PM
My daughter is US citizen...I did not ask my lawyer...
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
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jindal_sanjeev
06-23 01:59 PM
Thanks for the response guys.
I will have to pay penalty if i amend my return. But i guess to be on the safe side i will have to do that.
I will have to pay penalty if i amend my return. But i guess to be on the safe side i will have to do that.
more...
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snowcatcher
01-28 10:12 PM
I am from texas. I went to the state chapters, and pmed some people about contributing. I will do my best to convince few more friends to join and start contributing.
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gc_chahiye
08-26 09:47 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.
If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.
If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.
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srinivas72
02-03 09:31 AM
H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension..
H1B Extension Information
Regular Processing�
My Extension filed 07/21/2009
I94 Expired 09/29/2009
Received RFE 09/xx/2009
Answer RFE 10/27/2009 (Within time)
Denied 01/13/2010
Note: - I worked for same company from past 3 years.
H1B Transfer Information
I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail
Premium Processing
H1B Transfer receipt date 12/31/2009
Got RFE, 01/08/2010
RFE answer date 01/26/2010
Waiting for decision�
Now I am working with new employer.
Please let me know, if need any information from my end. Maybe it will help others who are in my situation.
Thanks
Srinivas
H1B Extension Information
Regular Processing�
My Extension filed 07/21/2009
I94 Expired 09/29/2009
Received RFE 09/xx/2009
Answer RFE 10/27/2009 (Within time)
Denied 01/13/2010
Note: - I worked for same company from past 3 years.
H1B Transfer Information
I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail
Premium Processing
H1B Transfer receipt date 12/31/2009
Got RFE, 01/08/2010
RFE answer date 01/26/2010
Waiting for decision�
Now I am working with new employer.
Please let me know, if need any information from my end. Maybe it will help others who are in my situation.
Thanks
Srinivas
praveenuppaluri
02-21 10:41 AM
Hello all
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)
anyone who filled this form recently - can you please share what you did?
Thanks
Praveen
bp333
09-25 02:40 PM
Thanks BMS1.
Any one in a similar situation. Please share your thoughts..
Any one in a similar situation. Please share your thoughts..
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