dc2007
06-29 05:07 PM
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
2. Do I have to mention in my new labor about my old labor and I-140 ?
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Thanks
DC
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
2. Do I have to mention in my new labor about my old labor and I-140 ?
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Thanks
DC
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the_googly
03-25 05:05 AM
I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.
GCBALAK
08-10 10:48 AM
My husband is the primary and got his GC in July last year, under EB2. Upon suggestion, from my lawyer, I have made 1 info pass appointment (Oct 07) and raised 4 service tickets till now. All say they are processing.
My priority date is Aug 05. Now that the priority dates have moved. I have put one more service ticket but do not know what will happen. Upon again contacting my lawyer, suggested me to contact Congressman / Senator.
Anyone in the same pool ? Any suggestions ? I am in Pennsylvania state (Chester County).
Thanks.
My priority date is Aug 05. Now that the priority dates have moved. I have put one more service ticket but do not know what will happen. Upon again contacting my lawyer, suggested me to contact Congressman / Senator.
Anyone in the same pool ? Any suggestions ? I am in Pennsylvania state (Chester County).
Thanks.
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paskal
12-25 03:41 PM
It is only missed if it is possible. We were in contact with key senate offices.
The bill was just too controversial and the appetite to include immigration provisions was just not there. We are stll making last minute efforts. the provisions are in the current CIR version and should be in all versions introduced as far as we know.
The bill was just too controversial and the appetite to include immigration provisions was just not there. We are stll making last minute efforts. the provisions are in the current CIR version and should be in all versions introduced as far as we know.
more...
Ahjeet
12-04 09:16 PM
Thank you for response.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
Better_Days
10-05 05:08 PM
There is silly. Then there is stupid. Which is followed by idiotic. The natural successor of which is retarded. Which is followed by USCIS!
more...
qplearn
10-04 01:23 PM
A key figure (http://news.google.com/news?hl=en&ned=us&q=hastert&btnG=Search+News) in the latest political drama was a key figure in immigration debate (http://news.google.com/archivesearch?q=hastert+immigration&ie=UTF-8&oe=UTF-8&btnG=Search+Archives). I wish he makes way and hopefully some moderate does something for the immigrant community.
Just curious. Do you know of any reason why he might make way for someone else?
Just curious. Do you know of any reason why he might make way for someone else?
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gcformeornot
08-08 09:59 AM
^^^^^^^^^bump^^^^^^^^^
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crystal
07-08 03:22 PM
I beleive you need to choose Indian Citizen residing in United States .Check on thrusdays and fridays more closely
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prapro
06-05 06:52 PM
I got RFE on my whole family’s pending I-485 applications
The REF description is “ There is a missing signature in page 4 of your application. The signature of the person who prepared your form I-485 is missing. Please have it signed by the preparer, Mr. ABC”.
I used software owned by company(Ex) to prepare these forms. And Mr. ABC is heads for immigration department in that company. I entered all the necessary info in that application and took print out for 485 form. Mr ABC details and company address printed in the 4th page of I-485 application(Part 5.Signature of person preparing form, if other than above.(sign below)) area.
Mr ABC did not put the signature there because he did not prepare the application and sent application to USCIS. My signature is there in applicant area(no problem).
We got RFE for missing preparer signature.
Now,
I contacted ex-company to get the signature on my I-485 application but he no longer working with them. Company immigration people are telling me that the signature in not required in that form.
I contacted Mr ABC for signature but I am not sure his signature is valid now on my I485 application.(because he is no longer working with them)
Finally I think the "prepared by signature" is not at all required because I entered all my information for my I-485.
I just lost ........ Any help on this issue will be greatly appreciated.
The REF description is “ There is a missing signature in page 4 of your application. The signature of the person who prepared your form I-485 is missing. Please have it signed by the preparer, Mr. ABC”.
I used software owned by company(Ex) to prepare these forms. And Mr. ABC is heads for immigration department in that company. I entered all the necessary info in that application and took print out for 485 form. Mr ABC details and company address printed in the 4th page of I-485 application(Part 5.Signature of person preparing form, if other than above.(sign below)) area.
Mr ABC did not put the signature there because he did not prepare the application and sent application to USCIS. My signature is there in applicant area(no problem).
We got RFE for missing preparer signature.
Now,
I contacted ex-company to get the signature on my I-485 application but he no longer working with them. Company immigration people are telling me that the signature in not required in that form.
I contacted Mr ABC for signature but I am not sure his signature is valid now on my I485 application.(because he is no longer working with them)
Finally I think the "prepared by signature" is not at all required because I entered all my information for my I-485.
I just lost ........ Any help on this issue will be greatly appreciated.
more...
sagar_nyc
08-25 10:48 AM
I think Canada is much better option . It's cheaper and convenient. I have heard many success stories of H1 stamping in Canada
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
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MONCYS
03-28 07:03 PM
updated my profile.
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LONGGCQUE
02-03 08:34 AM
^^^ BUMP^^^
I have same situation. Gurus please reply.
I have same situation. Gurus please reply.
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frostrated
10-26 02:10 PM
All,
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
an EAD requires a sponsoring company. So, it is in your best interest to find an employer immediately and apply for AC21. If at the time of renewal they ask for employer documents, then your renewal will not be processed and your EAD/AP withdrawn.
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
an EAD requires a sponsoring company. So, it is in your best interest to find an employer immediately and apply for AC21. If at the time of renewal they ask for employer documents, then your renewal will not be processed and your EAD/AP withdrawn.
more...
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vayumahesh
03-31 05:28 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
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Canuck
05-04 09:05 PM
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
Thanks.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
Thanks.
more...
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tharu
06-29 08:44 PM
Hi,
I have recently received an RFE on my I-485 application asking me to provide receipt number or A number for my spouse and child as I have included them in my application. I don't know how to respond to this and need your help to provide a suitable response.
I didn�t submit I-485 application for my spouse and child as they were out of the country while i filed my mine. My family continues to live outside US while I'm here working on H1 and also have my approved labor (Feb24 2007) EAD (Nov11 2007) and I-140(Feb10 2009)
Question is how to respond to RFE as I can't provide A number or receipt number. Also as my spouse and child are born in a country where they still have visa numbers available, can I claim cross chargeability to my spouse country of birth as the visa numbers are not yet available for India for my Priority date.
As I have my chances of speedy processing with cross chargeability, how should I respond to RFE without I-485 filed for my family? Is it possible to ask for consular processing for my family with an intend FTJ? Please help me to answer in a way that would help my processing faster.
Regards
I have recently received an RFE on my I-485 application asking me to provide receipt number or A number for my spouse and child as I have included them in my application. I don't know how to respond to this and need your help to provide a suitable response.
I didn�t submit I-485 application for my spouse and child as they were out of the country while i filed my mine. My family continues to live outside US while I'm here working on H1 and also have my approved labor (Feb24 2007) EAD (Nov11 2007) and I-140(Feb10 2009)
Question is how to respond to RFE as I can't provide A number or receipt number. Also as my spouse and child are born in a country where they still have visa numbers available, can I claim cross chargeability to my spouse country of birth as the visa numbers are not yet available for India for my Priority date.
As I have my chances of speedy processing with cross chargeability, how should I respond to RFE without I-485 filed for my family? Is it possible to ask for consular processing for my family with an intend FTJ? Please help me to answer in a way that would help my processing faster.
Regards
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sanjose16
02-26 12:56 PM
:confused:
Is there a Risk?
I'm working in Company 'A'. My company is filing for H1 extension for me along with my wife's H4 Extension in the month of April (before that it is not possible it seems - according to lawyer or Imm. dept of company 'A')
Company 'B' is filing H1 visa for my wife on April 1st.
So my question is: Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
If no, should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
Is there a Risk?
I'm working in Company 'A'. My company is filing for H1 extension for me along with my wife's H4 Extension in the month of April (before that it is not possible it seems - according to lawyer or Imm. dept of company 'A')
Company 'B' is filing H1 visa for my wife on April 1st.
So my question is: Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
If no, should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
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kmk2002
02-09 11:27 AM
Check public data at
http://flcdatacenter.com/CaseData.aspx
Here's the site: http://www.myvisajobs.com/H1BVisa/Default.htm
http://flcdatacenter.com/CaseData.aspx
Here's the site: http://www.myvisajobs.com/H1BVisa/Default.htm
engineer
10-30 07:42 PM
(bump /\)
(bump /\)
(bump /\)
plassey
07-20 11:01 PM
Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
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