reddymjm
09-30 10:11 AM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
r u from NBKRIST?
r u from NBKRIST?
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anai
07-19 08:03 AM
If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.
This is incorrect.
The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.
Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.
This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.
Also, if any of the answers on this thread were useful, consider contributing to IV.
This is incorrect.
The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.
Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.
This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.
Also, if any of the answers on this thread were useful, consider contributing to IV.
chris
02-11 11:44 PM
Still pending ..
Initially filed in Texas and transfered to Vermont .
Assigned to officer more that 60 days ago. :confused:
I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
Btw, Chris, what is your status?
Initially filed in Texas and transfered to Vermont .
Assigned to officer more that 60 days ago. :confused:
I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
Btw, Chris, what is your status?
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srikanthmavurapu
08-16 02:51 PM
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
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eastindia
04-21 12:25 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
Dude you have good sense of humor.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
Dude you have good sense of humor.
ChainReaction
04-18 09:09 AM
I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(
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suryamanikanth
04-17 02:23 PM
OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
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styrum
06-12 03:10 AM
He doesn't need an H1B transfer to be approved to start working for the new employer, just "filed".
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sh2005
08-13 11:24 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
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javanmard
03-22 02:51 AM
Hi bfadlia,
Did u receive ur extension? My case is pretty same, my receipt notice date has passed but no change in LUD. My case is in CSC. Have u received any RFE? Some ppl were saying that it takes around 3 months for getting approval from CSC.
Thanks
Did u receive ur extension? My case is pretty same, my receipt notice date has passed but no change in LUD. My case is in CSC. Have u received any RFE? Some ppl were saying that it takes around 3 months for getting approval from CSC.
Thanks
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zCool
07-27 03:17 PM
Do you work for some desi consultant who is trying to hold you?
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.
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abhijitp
08-22 03:10 PM
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
If you are anyways planning to rally, you will need a day off, so why not spend it in DC? I strongly agree with Paskal in that small rallies would dilute the impact of the DC rally!
If you can take a day off, please attend the DC rally. Go here and tell us how we can help you with logistics.
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
If you are anyways planning to rally, you will need a day off, so why not spend it in DC? I strongly agree with Paskal in that small rallies would dilute the impact of the DC rally!
If you can take a day off, please attend the DC rally. Go here and tell us how we can help you with logistics.
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
more...
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slowwin
06-11 08:36 AM
Hi,
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
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hibhagya
05-15 12:03 PM
Great job and hope the current immigrations bill will pass this year.
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Sakthisagar
02-24 03:25 PM
I think it is like this, if you apply before hand like 6 month before your Visa expiring date your chances of getting an RFE for client letter is minimal, provided you stick to the same employer and all necessary documents like paystubs, tax pay reciept etc, is submitted.
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
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kondur_007
09-22 09:58 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
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maximus
11-07 12:38 PM
Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.
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Soul
05-27 09:31 AM
Grrrr :P
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dehradoon
06-14 07:15 PM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
sroyc
08-03 12:21 PM
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
clifford
02-03 05:43 PM
Probably 1929 depression and current times are not similar. So BTW were those 400K maxicans holding any type of Visa ? Currently as far I know all the 65K H1b Patitions were approved, I do not know for what reason ? If situation was that bad may be only 10,000 k could have been approved and limit could be dropped to 15k for say a period of next 5 years. I am pretty sure that is not going to happen. The Anti H1 wave was probably started by Nobel Laureate Obama when he pointed to Bangalore and then Lou Dobbs and then Senator Grassley and so on. Now if you look at job boards it is clearly mentioned by many job postings "Please no H1Bs".
Lets not forget that H1B had been misused by many desi firms as well.
Lets not forget that H1B had been misused by many desi firms as well.
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