GCeffect
01-29 04:16 PM
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
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RLNY122004
06-15 10:09 PM
CaliGC,
Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.
http://boards.immigrationportal.com/showthread.php?t=208982
If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.
I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.
http://boards.immigrationportal.com/showthread.php?t=208982
If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.
I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
glus
03-19 11:47 AM
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.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
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.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
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surge
02-12 07:17 AM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
more...
shreekhand
08-03 12:39 AM
Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.
What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
jasmin45
08-08 04:49 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
more...
crystal
10-18 10:56 AM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
C. Personal Check in Mail:
You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.
Immigration Voice
PO Box 114
Dayton, NJ - 08810
C. Personal Check in Mail:
You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.
Immigration Voice
PO Box 114
Dayton, NJ - 08810
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chaks7
01-20 09:09 AM
We are expecting, so I do not think it is possible to change insurance. We still tried and got rejected. So that we will leave us with COBRA in case my wife chooses to quit or something happens to her job. And does H4 visa affect COBRA coverage? If you can answer this question that will be very helpful.
more...
joshraj
10-09 10:17 PM
At least got something today :)
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
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wandmaker
12-11 03:00 AM
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
No, you will have file I-765 form with USCIS, you can do paper filing or electronic.
No, you will have file I-765 form with USCIS, you can do paper filing or electronic.
more...
javadeveloper
07-18 10:08 PM
found this one too
http://candleforlove.com/forums/index.php?showtopic=14653
http://candleforlove.com/forums/index.php?showtopic=14653
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apahilaj
03-28 02:56 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
more...
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sunofeast_gc
07-25 11:12 PM
I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
What is ur Priority Date and when you filled ur I-485?
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
What is ur Priority Date and when you filled ur I-485?
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dontcareanymore
07-30 04:15 AM
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
more...
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greensignal
12-31 11:04 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
You can use your h1b to work after returning to US on AP.
You can use your h1b to work after returning to US on AP.
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augustus
04-22 10:31 AM
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
more...
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ragz4u
05-09 02:04 PM
Anyone from Philly interested to car pool?
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gchandu
04-13 08:31 AM
Hi dammu
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
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ps3539
03-22 01:59 AM
Do not think about your events.
Think about baby's life. Make him/ her a US Citizen.
That's a good gift you can give.
Think about baby's life. Make him/ her a US Citizen.
That's a good gift you can give.
ameryki
07-05 06:06 PM
must also remind you since 9/11 and this happened to me in Cali shooting ranges also do not let "non citizens" use their services. so even if you bought a gun not a lot of places for you to practice on how to use it just my 2 coppers for you mate.
belmontboy
08-10 10:41 PM
Even if they reform all your 9 issues, we would still be stuck in the GC mess.
The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
we should request:
1.) increase in GC numbers
2.) capturing unused visa's from previous years
3.) removing country cap
4.) reforming namecheck.
EB backlogs would be eliminated by sep end anyways.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
we should request:
1.) increase in GC numbers
2.) capturing unused visa's from previous years
3.) removing country cap
4.) reforming namecheck.
EB backlogs would be eliminated by sep end anyways.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months