sin94
11-11 01:08 AM
Folks,
I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.
What are my option here?
I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.
What are my option here?
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va_dude
02-17 04:31 PM
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
murugesh.naidu@gmail.com
09-03 10:45 AM
Well..I was just saying my friend is a devotee and it worked for him..i did not mean to imply positive or negative ideas about anyone's religious beliefs in whatever form..
Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!
Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!
sbmallik
06-12 03:30 PM
Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.
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kshitijnt
05-05 12:38 AM
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
GCaspirations
10-18 11:38 PM
I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Local US Embassy cannot process or give you advance parole.
". . . Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Local US Embassy cannot process or give you advance parole.
". . . Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
amenon
05-01 10:29 PM
I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
santb1975
05-17 02:55 PM
Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.
IV'ans - Please refrain from any suggestions towards this
IV'ans - Please refrain from any suggestions towards this
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colors
09-05 11:42 AM
Kumar,
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
more...
xlr8r
09-28 10:48 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??
Again my original question can I submit another FOIA just to get the I-140 approval notice???
dush0805
11-25 01:32 PM
I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....
But let me ask you a dumb question, what does AP stand for?
But let me ask you a dumb question, what does AP stand for?
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anandrajesh
12-10 12:23 PM
^^^^^^
Bumping up this thread.
Bumping up this thread.
chanduv23
09-14 11:46 AM
IF YOU STILL NOT ABLE TO DECIDE FOR NO REASON -
DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.
POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN
REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.
IF WE DONT DO WHAT WE AARE DDOING
(1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
(2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
(3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
(4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
(5) JOBS WILL MOVE OUT OF THE US
DO WE STILL WANT TO BE LIKE THAT?
LETS ALL STAND UP FOR OURSELVES.
LETS ALL SHOW OUR FACES IN DC.
LETS ALL UNITE FOR A CAUSE.
YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.
DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.
POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN
REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.
IF WE DONT DO WHAT WE AARE DDOING
(1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
(2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
(3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
(4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
(5) JOBS WILL MOVE OUT OF THE US
DO WE STILL WANT TO BE LIKE THAT?
LETS ALL STAND UP FOR OURSELVES.
LETS ALL SHOW OUR FACES IN DC.
LETS ALL UNITE FOR A CAUSE.
YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.
more...
mvsreddy
11-06 05:15 PM
Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???
mmanurker
05-04 04:47 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
more...
smuggymba
03-16 10:39 AM
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
sivakumar
01-25 09:06 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
call customer service as it says they will tell you exactly waht happened
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
call customer service as it says they will tell you exactly waht happened
nozerd
02-13 06:02 PM
I have been current for a while too. In 3 months I will complete 10 yrs with same company and this August it will be 8 yrs since filing for GC.
I am working through my senator also as the service request procedure at USCIS is totally crap. I dont even know why its offered .
I am working through my senator also as the service request procedure at USCIS is totally crap. I dont even know why its offered .
linuxra
09-28 08:20 PM
waiting for reply from any of u guys...pls...
lkapildev
02-08 03:05 AM
Goodluck!
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