abhay
01-19 09:40 PM
Hi All
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
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priderock
05-15 02:40 PM
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
nixstor
10-24 03:33 PM
In my opinion its just one of the marketing gimmicks of Y! See how it works
http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015
Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..
http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015
Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..
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Madhuri
11-20 06:10 PM
When did they receive GC approval? Is it recent or 1-2 years ago?
I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.
I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.
more...
sbabunle
01-22 06:07 PM
Dear Core Group,
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
snthampi
05-07 11:20 AM
What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.
Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.
He has to pay them only if he signed a contract.
These consulting firms are run mostly by bums and will always try to rip people off.
Before start paying, he should have consulted Department of Labor to find out if he really needs to pay and whether company A can demand such terms? These bums take advantage of people who get scared of them.
OP, if they continue to mess with you, try to get in touch with Department of Labor.
Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.
He has to pay them only if he signed a contract.
These consulting firms are run mostly by bums and will always try to rip people off.
Before start paying, he should have consulted Department of Labor to find out if he really needs to pay and whether company A can demand such terms? These bums take advantage of people who get scared of them.
OP, if they continue to mess with you, try to get in touch with Department of Labor.
more...
GCaspirations
10-04 10:53 PM
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
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a_yaja
07-26 09:09 AM
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
You need to send in I-765 form and not I-131. I think I-131 is the form for advanced parole. Other than the form name, the above looks correct.
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
You need to send in I-765 form and not I-131. I think I-131 is the form for advanced parole. Other than the form name, the above looks correct.
more...
vikram2101
08-02 06:55 PM
My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.
do you remember the appointment time?
do you remember the appointment time?
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man-woman-and-gc
04-01 06:13 PM
I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.
I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.
My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.
There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.
Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.
I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.
My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.
There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.
Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.
more...
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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ilikekilo
05-04 09:54 AM
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
post this Q on the lawyer forum someone might respond for FREE :)
post this Q on the lawyer forum someone might respond for FREE :)
more...
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unseenguy
11-30 08:48 PM
He is an Anti
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JazzByTheBay
08-21 01:11 PM
Very helpful response!
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
more...
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sapota
12-12 04:36 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
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pmamp
12-05 01:58 PM
I found this link for LC case disclosure data. I don't see any case data for 2005 cases which were filed pre-PERM. If someone has that link please share.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
more...
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gauravsh
03-22 12:33 AM
Tragic accident in MO. My heartfelt sympathies to the families.
http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident
DesiXP
Sorry to hear about this. May god be with there famlies in this tough time. I have been through some situaton like this and I can feel the pain.
http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident
DesiXP
Sorry to hear about this. May god be with there famlies in this tough time. I have been through some situaton like this and I can feel the pain.
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angelfire76
12-06 01:19 PM
The only language indigenous to India on the list of translators seems to be Punjabi. As far as I know the place where they might place you would be in NWFP in Pakistan. Do you really want a green card at that cost? :rolleyes:
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JunRN
09-25 12:48 PM
Consult another lawyer, a reputable one.
reachinus
07-14 01:44 PM
Can you please tell us from where you got those LIN # from -source please
uscis web site
uscis web site
gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer