bigboy007
08-12 01:55 AM
This means you have to get another medical report, photos, etc. Is your lawyer charging you for second filing?
The whole idea of refiling is going to be a big mess for sure : In case if your file is rejected becoz of unfortunate reasons or no receipt generated till sept ending then obviously you can refile with your proof of filing no worries even if dates retrogress saying there was an issue on USCIS side.Applying again wont help in anyways becoz files u send it now will not opened even till October. I dont know which attorneys are calling this for .
To have better clarify please kindly enquire multiple times before starting yourself on this. My 2 cents. There is no rule that suggests you need to apply just becoz one didnt get reciepts. I am too very much concerned with refiling but after looking thorugh various issues and talking with my attorneys its clear that refiling is going to invite much of issues which are uncalled for .
The whole idea of refiling is going to be a big mess for sure : In case if your file is rejected becoz of unfortunate reasons or no receipt generated till sept ending then obviously you can refile with your proof of filing no worries even if dates retrogress saying there was an issue on USCIS side.Applying again wont help in anyways becoz files u send it now will not opened even till October. I dont know which attorneys are calling this for .
To have better clarify please kindly enquire multiple times before starting yourself on this. My 2 cents. There is no rule that suggests you need to apply just becoz one didnt get reciepts. I am too very much concerned with refiling but after looking thorugh various issues and talking with my attorneys its clear that refiling is going to invite much of issues which are uncalled for .
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paskal
05-23 06:25 PM
folks in order for consulting to be a problem there must be "indication of employer-employee relationship with the client", surely there are ways around this to ensure this does not happen
the language is similar to L1 language
and plenty of L1's do consulting..
the language is similar to L1 language
and plenty of L1's do consulting..
mammoy2k
04-28 07:51 AM
I spoke to my Lawyer regarding this situation, he said that there is nothing we can do about I140.
Your attorney is right that if employer has withdrawn I-140, one can not do anything. But if it over 180 days since you filed your I-485 (which seems to be the case), this withdrawal should not impact your I-485. I think during the move from NSC to TSC, they may have committed some data entry error.
Just curious how big was your previous employer and what do you do?
Your attorney is right that if employer has withdrawn I-140, one can not do anything. But if it over 180 days since you filed your I-485 (which seems to be the case), this withdrawal should not impact your I-485. I think during the move from NSC to TSC, they may have committed some data entry error.
Just curious how big was your previous employer and what do you do?
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neoklaus
10-29 04:23 PM
Sending $200 so far... on behalf of 2 family members with GC approved, 3-rd family member's AOS case was lost somewhere in NSC.
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imh1b
08-13 04:51 PM
I am no longer in the race. My race is over. But to look back here is what we did
a) Visited Washington DC , mostly on our own expense
b) Organized numerous meeting in NJ to increase the awareness
c) Coordinated DC rally
d) Handed overthe fliers at the India day parade urging people to come and help.
e) On the negative side for few , I also participated with few others to make all IT jobs, zone four.
What we were trying to do was not only for oneselves but ourselves. Unfortunately, the awareness is just not there. Ideally, I would have expected people with later priority dates to be more active but they are not . Almost all of "active" us had PD from early 2006 or earlier and most of them EB2. Now guess what, we are done and we could have been a great and powerful organization, but for your support. Hence, I have issues with the folks in our community for the following reasons
1. Not looking out for themselves.
2. Expecting too much from one group/persons and not taking inititative themselves.
3.Not educating themselves on what is the difference between legal /law and administrative rules, DOC VS DOL VS USCIS.
4.Not being able to analyze what can be done or cannot not be done.
5.Just being afraid to even talk to a lawmaker.
6.Asking those who take inititatives do things with an authority as if we were paid to do this on your behalf.
7.Not realizing how much your are loosing or can loose because of your precarious situation.
Add
Fighting on the forums.
Nobody wants to contribute any money and wants it all free. They will pay lot of money to lawyers though.
Desis need to change their mentality
a) Visited Washington DC , mostly on our own expense
b) Organized numerous meeting in NJ to increase the awareness
c) Coordinated DC rally
d) Handed overthe fliers at the India day parade urging people to come and help.
e) On the negative side for few , I also participated with few others to make all IT jobs, zone four.
What we were trying to do was not only for oneselves but ourselves. Unfortunately, the awareness is just not there. Ideally, I would have expected people with later priority dates to be more active but they are not . Almost all of "active" us had PD from early 2006 or earlier and most of them EB2. Now guess what, we are done and we could have been a great and powerful organization, but for your support. Hence, I have issues with the folks in our community for the following reasons
1. Not looking out for themselves.
2. Expecting too much from one group/persons and not taking inititative themselves.
3.Not educating themselves on what is the difference between legal /law and administrative rules, DOC VS DOL VS USCIS.
4.Not being able to analyze what can be done or cannot not be done.
5.Just being afraid to even talk to a lawmaker.
6.Asking those who take inititatives do things with an authority as if we were paid to do this on your behalf.
7.Not realizing how much your are loosing or can loose because of your precarious situation.
Add
Fighting on the forums.
Nobody wants to contribute any money and wants it all free. They will pay lot of money to lawyers though.
Desis need to change their mentality
mkumar
11-13 04:00 PM
IV was helpful through out my GC journey and I am committed to helping IV make the life of GC seekers easier. Please let me know what I can do to that effect.
more...
krishnam70
02-20 08:20 PM
Our Aos is pending and we have valid EAD's and APs. Priority date is July 2004.
My daughter who is 16 year old now is planning to take up a study program for which she need to stay in India for 4 years and come back to US for 2 more years of study (This is KMCIC twinning medical program). Can she go and stay in India while her AOs is pending thru my application? If yes, then how can she come back after 4 years to continue her studies in USA? Please advise.
I spoke with attorneys and every one has different ideas. one said get her h4 stamping done and she can stay in India and come back into USA without any issues. The other one said get her to USA every year on AP and send her back after applying for new AP so that she will have valid AP to travel back to US any time. Not sure whether this is going to be complicated for her studies.
I seriously think you should speak to an immigration attorney about this. Since she is 16 now she will be 20 by the time her education is complete. But again since she already filed her AOS she might be ok. Just get an opinion from a good attorney. This situation needs a good solid LEGAL advise..
good luck
kris
My daughter who is 16 year old now is planning to take up a study program for which she need to stay in India for 4 years and come back to US for 2 more years of study (This is KMCIC twinning medical program). Can she go and stay in India while her AOs is pending thru my application? If yes, then how can she come back after 4 years to continue her studies in USA? Please advise.
I spoke with attorneys and every one has different ideas. one said get her h4 stamping done and she can stay in India and come back into USA without any issues. The other one said get her to USA every year on AP and send her back after applying for new AP so that she will have valid AP to travel back to US any time. Not sure whether this is going to be complicated for her studies.
I seriously think you should speak to an immigration attorney about this. Since she is 16 now she will be 20 by the time her education is complete. But again since she already filed her AOS she might be ok. Just get an opinion from a good attorney. This situation needs a good solid LEGAL advise..
good luck
kris
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waiting_4_gc
02-27 05:44 PM
Gurus,
I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.
Here are my questions:
1) Should I file AC21 before they (GC sponsoring company) notify USCIS?
2) What will happen to my I-485 application once they notify USCIS about my resignation?
Thanks for your help and time!
I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.
Here are my questions:
1) Should I file AC21 before they (GC sponsoring company) notify USCIS?
2) What will happen to my I-485 application once they notify USCIS about my resignation?
Thanks for your help and time!
more...
Vsach
07-11 04:04 AM
Dear All,
I am surprised why so far we have not knocked on White House doors, we need to urgently bring to President Bush's attention, even though his immigration bill suffered recently, in our case he can certainly use a presidential veto.
Can someone draft a letter, we can sign. It would be great if we could hold a rally at DC without loosing time!
Here is the latest on Flower campaign...
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?hpid=moreheadlines
Regards
I am surprised why so far we have not knocked on White House doors, we need to urgently bring to President Bush's attention, even though his immigration bill suffered recently, in our case he can certainly use a presidential veto.
Can someone draft a letter, we can sign. It would be great if we could hold a rally at DC without loosing time!
Here is the latest on Flower campaign...
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?hpid=moreheadlines
Regards
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wandmaker
10-23 10:21 AM
Hmm... Good morning! IVans!
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Munna Bhai
01-09 03:59 PM
I had an RFE for the ability to pay, PD is sep 2004 , USCIS asked the ability to pay since PD . I have been getting paid more than double the proferred wage since PD so it was easy to prove.
USCIS asked to prove the A2P for all the petitions pending simultaneously and My lawyer handled it very well.
I think NSC routinely asks for the A2P. My lawyers is very conservative he did not even include my w2s while applying 140. His philosophy is dont give any extra info unless otherwise explicitly asked.
Did they asked for A2P before I-140 approval? or at I-485 stage??
USCIS asked to prove the A2P for all the petitions pending simultaneously and My lawyer handled it very well.
I think NSC routinely asks for the A2P. My lawyers is very conservative he did not even include my w2s while applying 140. His philosophy is dont give any extra info unless otherwise explicitly asked.
Did they asked for A2P before I-140 approval? or at I-485 stage??
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jvsap
05-25 11:03 PM
Hi,
Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.
Mine is BE+5years, applied under EB2 CATEGORY.
My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.
Usually my employer will contact attorney directly.
My EMPLOYER is saying
all documnets including resume, experience letters, etc.
Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?
RFE Reason says:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
Thanks
jvsap
Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.
Mine is BE+5years, applied under EB2 CATEGORY.
My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.
Usually my employer will contact attorney directly.
My EMPLOYER is saying
all documnets including resume, experience letters, etc.
Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?
RFE Reason says:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
Thanks
jvsap
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fixxer
09-20 01:12 PM
i applied online in CA in 2006 and got my DL renewed....
THE ONLY THING, THERE SHOULDN'T' BE ADDRESS CHANGE.....
Things have changed since 2006. I haven't changed my address yet I'm still required to go in person. All non-US citizens must do this in person (at least that's how it is in GA).
THE ONLY THING, THERE SHOULDN'T' BE ADDRESS CHANGE.....
Things have changed since 2006. I haven't changed my address yet I'm still required to go in person. All non-US citizens must do this in person (at least that's how it is in GA).
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factoryman
06-19 04:29 PM
The CP vaccine is a snake oil. It doesn't work well against CP. Don't worry.
Hi All,
The USCIS clinic I had been to does not have chicken pox vaccine and are not sure when they will get one. The Dr. said that they cant do anything about it and can write on the form that no vaccination was available. But she was not sure how USCIS would decide on this comment. Has anyone run into similar situation? What are my options in this scenario?
Thanks
Hi All,
The USCIS clinic I had been to does not have chicken pox vaccine and are not sure when they will get one. The Dr. said that they cant do anything about it and can write on the form that no vaccination was available. But she was not sure how USCIS would decide on this comment. Has anyone run into similar situation? What are my options in this scenario?
Thanks
more...
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BornToWin
04-11 11:15 AM
There has hardly been a consistency in how USCIS deals with the cases. Even though I have read some where that concurrent cases will be adjudicated together as per PPP. But at the same time, we have see concurrent cases in that shows that 140 was approved but 485 was not.
Thanks for the update, however I have not seen one concurrent case approved after March 30th. Do you know of any?
Not sure how they handle it, but any ways, I would say once your Received Date is passed the processing date, make you company lawyer open a service request to check why the case is not approved.
I see some people who have PD current have actually benefited from this program. But this same program can be a nightmare for people who want to use AC21 after 180 days of filing I-485.
AC21...mmm... I know so many people that would like to utilize that. Do you think the Texas Plus pilot is affecting those of us that have not heard anything?
I have asked my lawyer to follow up on this.
Also there was another thread where IV plans to take up the issue of I140 pending for a long time and see if special attention is given to them, dont miss sending your case information for that initiative.
Thanks,
Thanks alot for this info
Thanks for the update, however I have not seen one concurrent case approved after March 30th. Do you know of any?
Not sure how they handle it, but any ways, I would say once your Received Date is passed the processing date, make you company lawyer open a service request to check why the case is not approved.
I see some people who have PD current have actually benefited from this program. But this same program can be a nightmare for people who want to use AC21 after 180 days of filing I-485.
AC21...mmm... I know so many people that would like to utilize that. Do you think the Texas Plus pilot is affecting those of us that have not heard anything?
I have asked my lawyer to follow up on this.
Also there was another thread where IV plans to take up the issue of I140 pending for a long time and see if special attention is given to them, dont miss sending your case information for that initiative.
Thanks,
Thanks alot for this info
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369
01-03 08:49 AM
Please can anyone answer this.
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BumbleBee
09-05 02:05 PM
Friends,
While applying for I-485, can we use the Birth Certificate issued by the Indian Embassy in Washington. Or do we need to produce the original certificate from the Indian hospital.
Thanks in advance,
Dan
Hello,
If you need to file _485 immediately then you can submit the Embassy issued 'Birth certificate' but it would not be suffiecient for the purpose of 'adjustment of status'. Most probably it would result in an RFE asking for other 'proof' of birth, for example early medical record, early school record etc. Plus, affidavit from parents and relatives.
USCIS gives more weight to 'Affidavits' than to 'Embassy issued Birth Certificates'.
If you have time on your side, arranging these documents would avoid un-necessary and aviodable RFE.
BumbleBee
While applying for I-485, can we use the Birth Certificate issued by the Indian Embassy in Washington. Or do we need to produce the original certificate from the Indian hospital.
Thanks in advance,
Dan
Hello,
If you need to file _485 immediately then you can submit the Embassy issued 'Birth certificate' but it would not be suffiecient for the purpose of 'adjustment of status'. Most probably it would result in an RFE asking for other 'proof' of birth, for example early medical record, early school record etc. Plus, affidavit from parents and relatives.
USCIS gives more weight to 'Affidavits' than to 'Embassy issued Birth Certificates'.
If you have time on your side, arranging these documents would avoid un-necessary and aviodable RFE.
BumbleBee
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abhijitrajan
11-05 10:21 PM
:) this thread is closed by our IV God, pappu. I have sent him my email address and phone number and has not responded...probably doing an FBI check as we speak:)
I'm not sure why I spent an hour writing something up only to find that thread missing. A courtesy FYI would've been nice. Anyways I do recognize we're all on the same side in the bigger battle.
I'm not sure why I spent an hour writing something up only to find that thread missing. A courtesy FYI would've been nice. Anyways I do recognize we're all on the same side in the bigger battle.
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chanduv23
03-30 08:50 AM
Well I would take this as last resource. It is your legal right as per US law to get experience letter from your employer. Good relation with HR can make the issue smooth. If nothing works, above is the solution :)
Offcourse, try all channels. What I gave you holds good for companies like TCS etc... who come after you legally when you leave them.
Offcourse, try all channels. What I gave you holds good for companies like TCS etc... who come after you legally when you leave them.
ronhira
01-03 09:13 AM
sorry to hear @ u'r monther...... hope she gets well soon......
assuming u've indian passport........ u've to goto a consulate to get the stamp..... u cannot get the visa @ the port of entry.....
ottawa or montreal or qubec maybe a good place to go to get the stamp if u've time....... the principle h1 holder does not need to have a stamp in the passport before dependents could get the stamp...... but make sure u trake u'r appointment & carry all proofs of u'r marriage including marriage certificate & pictures, both i-797s i.e. u'r spouses' i797 also plus completed form, pictures, etc.....
u may also need canadian visa to enter canada.....
mine is an old case..... so gurus who recently got their visa stamped in canada could jump in with more information
good luck......
assuming u've indian passport........ u've to goto a consulate to get the stamp..... u cannot get the visa @ the port of entry.....
ottawa or montreal or qubec maybe a good place to go to get the stamp if u've time....... the principle h1 holder does not need to have a stamp in the passport before dependents could get the stamp...... but make sure u trake u'r appointment & carry all proofs of u'r marriage including marriage certificate & pictures, both i-797s i.e. u'r spouses' i797 also plus completed form, pictures, etc.....
u may also need canadian visa to enter canada.....
mine is an old case..... so gurus who recently got their visa stamped in canada could jump in with more information
good luck......
tinamatthew
07-22 02:23 AM
Hi all,
Greetings! I need to visit Canada for a week begining 7/27/07. My lawyer will be mailing my I-485 mostly this monday. He recommonds not to travel out side US until we get receipt notice. My Canada trip is very important. AS per my knowledge we will not get new I-94 as long as we are traveling for less than 30 days to Canada. Any thoughts about the impact of traveling to Canada before we get receipt notice for I-485?
Have a good one!
Thanks a bunch in advance to all who would share your expertise on this.
Rama.
http://www.uscis.gov/files/form/i-485.pdf
Page 7 states:
Travel outside the United States for adjustment ofstatus applicants under sections 209 and 245 of theAct, and Registry applicants under section 249 of the Act
Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called ''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.
Hope this helps
Greetings! I need to visit Canada for a week begining 7/27/07. My lawyer will be mailing my I-485 mostly this monday. He recommonds not to travel out side US until we get receipt notice. My Canada trip is very important. AS per my knowledge we will not get new I-94 as long as we are traveling for less than 30 days to Canada. Any thoughts about the impact of traveling to Canada before we get receipt notice for I-485?
Have a good one!
Thanks a bunch in advance to all who would share your expertise on this.
Rama.
http://www.uscis.gov/files/form/i-485.pdf
Page 7 states:
Travel outside the United States for adjustment ofstatus applicants under sections 209 and 245 of theAct, and Registry applicants under section 249 of the Act
Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called ''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.
Hope this helps
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