morchu
05-04 02:02 PM
Please be aware that logic and emotions doesnt matter much for this.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
wallpaper In the cluster of Asian
govindk
10-30 11:02 PM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
lfadgyas
01-13 09:42 AM
Assuming (but hope not) you will be laid off:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
2011 memberapart from east asia
nogc_noproblem
04-24 09:48 AM
Live webcast can be viewed during the hearing
http://judiciary.house.gov/schedule.aspx
Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.
http://judiciary.house.gov/schedule.aspx
Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.
more...
akhilmahajan
04-23 09:43 AM
I dont think there is any such practise...........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
dcrtrv27
11-13 07:59 PM
I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
more...
Krilnon
01-21 09:50 PM
Okay, it turns out that my super-cool way of doing it would be more time-consuming than I thought. :P
Anyway, here is a less-cool HTML page with a list of them all: http://reclipse.net/kirupa/fxpression09/entries.html
Edit: In case you're wondering, glosrfc, I just used the first SWF in your Wormy Circles entry because all of the other entries only had one SWF.
Anyway, here is a less-cool HTML page with a list of them all: http://reclipse.net/kirupa/fxpression09/entries.html
Edit: In case you're wondering, glosrfc, I just used the first SWF in your Wormy Circles entry because all of the other entries only had one SWF.
2010 blank map of asian countries. south east asia map blank.
vandanaverdia
09-09 03:45 PM
Please spare some time & thought & decide to be in DC at the rally.
more...
mmanurker
06-17 01:24 PM
I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
Assuming that his Labor does not get approved before his I-94 expiry:
1. Moving to H4 can only help him to stay in US but staying on H4 for few months and then trying to get H1 extension beyond 6 yrs is not possible....this is my understanding
2. Moving out of US is the only option in case of labor still pending.
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
Assuming that his Labor does not get approved before his I-94 expiry:
1. Moving to H4 can only help him to stay in US but staying on H4 for few months and then trying to get H1 extension beyond 6 yrs is not possible....this is my understanding
2. Moving out of US is the only option in case of labor still pending.
hair pictures lank map of asian
singhsa3
08-19 01:03 PM
I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
more...
guyfromsg
09-09 10:19 PM
I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?
hot Not only
ras
04-03 11:12 AM
I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.
It might also help to give a reason as to why you were late in responding.
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
It might also help to give a reason as to why you were late in responding.
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
more...
house This shows the top countries
harikapraveen
10-29 04:40 PM
Wherever you go for stamping, there will be someone on the counter before interview is conducted by visa officer who reviews the documents.
In Chennai, there will be a counter after appointment letter is shown. This is where the documents will be verified. When you reach this point, inform about the discrepancies and they will take care.
My parents went to Chennai with wrong DOB. This was rectified by someone on the counter themselfs and no problems in the interview as well.:)
In Chennai, there will be a counter after appointment letter is shown. This is where the documents will be verified. When you reach this point, inform about the discrepancies and they will take care.
My parents went to Chennai with wrong DOB. This was rectified by someone on the counter themselfs and no problems in the interview as well.:)
tattoo blank map of asian countries. lank map of asia and; lank map of asia and
bushman06
08-21 02:48 PM
Immigration officer gave I94 date till my visa expired.
more...
pictures blank map of asian countries. Afghanistan, Central Asia, jpg
LongJourny
01-22 12:10 AM
Hi,
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
dresses blank map of asian countries
elanegeng
12-29 04:32 PM
I am in Bham...;)
more...
makeup blank map of asian countries. map of asian countries; map of asian countries
TheCanadian
01-02 08:24 PM
Are you saying we can submit past works?
girlfriend blank map of asian countries. Blank+map+of+asia+with+
lostinbeta
10-21 01:39 AM
W00t!!!!!!!
I love it =)
I love it =)
hairstyles Country Map and Flag of
mheggade
07-20 01:13 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
vinabath
04-22 03:40 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).
If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).
If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
Munna Bhai
02-08 12:17 PM
Does anyone know if Transit visa is needed while travelling with Air India via London.
Asking since you dont change planes in London... you continue on same flight.
As far as I know, you don't need any transit visa but contact the following:
a)British embassy.
b)Airlines.
c)Directly goto airport and check at the counter ( a week ahead).
Hope this helps.
Asking since you dont change planes in London... you continue on same flight.
As far as I know, you don't need any transit visa but contact the following:
a)British embassy.
b)Airlines.
c)Directly goto airport and check at the counter ( a week ahead).
Hope this helps.
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