willIWill
04-08 02:46 PM
Couple of related questions.
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
wallpaper Rob-Pattinson-and-Kristen-
appusheth
03-17 11:40 PM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
lost_in_migration
05-15 12:24 PM
The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
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crystal
04-28 03:08 PM
What possible reasons , you think you might get an RFE on h1-b extension?
more...
jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
ivar
03-12 11:36 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congratulations. You deserved it after such a long wait. Enjoy your GC. :)
:):):):):):)
Congratulations. You deserved it after such a long wait. Enjoy your GC. :)
more...
sevenm
12-09 02:09 PM
The fiscal year starts in October 2007. Although you can apply from April 1, 2007 you can start working on October 1, 2007. You have to maintain legal status until October 1. Yor apllication for H1B does not guarantee you legal status before october 1.
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reddy77
04-13 05:09 PM
Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
more...
GCapplicant
07-21 02:07 PM
Misha,
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
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roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
more...
blondhenge
05-22 09:25 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
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psaxena
03-09 05:18 PM
I had dream last night, part of which I still remember.
As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.
And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.
And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.
As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.
And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.
And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.
more...
house kristen stewart-firework
ram_ram
10-01 09:43 AM
The backlogs at DOLS's found a solution..PERM. Similarly premium processing was introduced for I-140's. I think now it's time to move the Departments and courts to find a more efficient Security/Name check process. If not USCIS will continue to loose tons of visa numbers every year. Though USCIS has 26 k cases that has the visa number available,
many of them are struck with FBI. Any movements or actions?
Successfully Challenging USCIS Delays in Federal Court
On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."
The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."
Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.
Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."
DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.
The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.
Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.
Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.
The Times article concludes with a quote from me:
"There is only one thing that works, and that is suing them in federal court."
We link to the Times article, "Caught in a Bureaucratic Black Hole" from
http://www.truthout.org/docs_2006/091107P.shtml
We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from
http://shusterman.com/toc-dpt.html#A1
many of them are struck with FBI. Any movements or actions?
Successfully Challenging USCIS Delays in Federal Court
On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."
The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."
Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.
Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."
DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.
The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.
Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.
Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.
The Times article concludes with a quote from me:
"There is only one thing that works, and that is suing them in federal court."
We link to the Times article, "Caught in a Bureaucratic Black Hole" from
http://www.truthout.org/docs_2006/091107P.shtml
We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from
http://shusterman.com/toc-dpt.html#A1
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go_guy123
02-28 03:16 PM
Nothing to worry if you are a genuine employee of a genuine company, as most of us are! People who don't cheat need not be afraid of USCIS or IRS inquisition.
A lot of it is about harassing small businesses for documentation mistakes and levying fine.
I-9 Crackdown to Intensify with New ICE Audit Office � Talk Immigration (http://www.talkimmigration.com/non-immigrant-visas/i-9-crackdown-to-intensify-with-new-ice-audit-office)
A lot of it is about harassing small businesses for documentation mistakes and levying fine.
I-9 Crackdown to Intensify with New ICE Audit Office � Talk Immigration (http://www.talkimmigration.com/non-immigrant-visas/i-9-crackdown-to-intensify-with-new-ice-audit-office)
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nortam1
09-17 04:15 PM
My receipts say the same...
Anybody knows what it is?
Anybody knows what it is?
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FinalGC
02-13 01:11 PM
No more slavery to Desi Consulting companies, so help IV to help U get the GC.
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hemasar
09-12 02:03 PM
My ETA is P-### .... I used the link and my status is IN PROCESS
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Libra
09-15 10:39 PM
I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........
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qplearn
12-20 08:45 PM
Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.
martinvisalaw
02-23 06:10 PM
so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
satishku_2000
06-15 10:41 PM
1. First USCIS has to collect tons of applications that will be filed .
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
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