raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
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giddu
06-27 12:07 PM
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
Did anyone else encounter this?
pkv
06-08 04:04 PM
Thanks for all replies.. But the question still remain unanswered!!
Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?
Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?
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psaxena
03-03 03:13 PM
Seems to me like a planned execution to torture and frustrate us.
more...
anai
05-31 03:49 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007)
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
.
.
.
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007)
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
.
.
.
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
sammyb
11-30 09:07 PM
You need to invoke IV-21 :D
like the humor in it ...
in todays era we are thinking everything using GC terminology ... :D
like the humor in it ...
in todays era we are thinking everything using GC terminology ... :D
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ameryki
01-08 10:14 PM
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?
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perm2gc
12-22 06:03 PM
Kinda imperfect science...
Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....
its perfect.I am not kidding.
Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....
its perfect.I am not kidding.
more...
gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
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sayonara
09-11 05:17 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
more...
cessua
11-07 05:41 PM
Here is where you will be able to find the best consulting companies and all kinds of information about them:
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http://vault.com/
Saludos y buena suerte!
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aa_ke_phas_gaya
04-30 05:09 PM
I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
more...
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chaukas
10-21 12:03 PM
We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.
The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.
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invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
more...
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ragz4u
02-24 12:27 PM
Thanks to gc_check for posting this info here (http://immigrationvoice.org/forum/showpost.php?p=1855&postcount=175)
The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181
This is a really long document...but a few things that I glanced through are
1) Advanced degree in STEM + 3 years work ex = no numerical limit
2) Total EB category visa bumped up to 290,000
3) Dependents not to be included in numerical cap
All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.
Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!
The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181
This is a really long document...but a few things that I glanced through are
1) Advanced degree in STEM + 3 years work ex = no numerical limit
2) Total EB category visa bumped up to 290,000
3) Dependents not to be included in numerical cap
All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.
Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!
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monkeyman
10-19 09:07 AM
Q : What if I need advance parole? NEW
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
more...
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StarSun
02-10 09:41 AM
The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com
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getrdone
09-17 01:54 AM
I got similar information from IO
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
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anilvt
08-13 09:10 PM
IO told me in infopass that she can't tell me about my name check and don't worry about it since 180 day rule applies ,....i guess she had good knowledge of the rule
pappu
03-18 11:33 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
Libra
09-15 10:43 PM
Are you coming?
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