reddy77
08-17 09:01 AM
saimrathi, I am in the same boat too, got the 693 supplement form last week from DR's office, but we filed 485 application in july 2nd week.this is not our mistake. do we need to worry about this ?
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
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Ann Ruben
01-20 09:11 AM
Abhay,
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
chi_shark
06-17 12:52 PM
Hi Chi_Shark,
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
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mhathi
04-15 11:59 AM
I had the same problem.
You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:
put '0' for wife's AGI and e-file.
IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.
(turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.
Thats it!
You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:
put '0' for wife's AGI and e-file.
IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.
(turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.
Thats it!
more...
Desiguy786
04-02 08:55 PM
First of all, whats' the situation?
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
boreal
07-28 03:53 PM
I got the LUD on last year's approved AP too on 7/27..wonder why on an approved AP..(PD Jan 06)..maybe because i had applied for its renewal...or maybe a mass system update, as it occured on a Sunday. Dont think we can read anything into such LUDs..only LUD that i would believe in - 'Your 485 has been approved and you are a free man!!!' :-)
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manderson
11-05 02:25 PM
i know. but psychologically it's soo hard. and counting towards the 180 days makes it even harder
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
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sammyb
10-09 04:24 PM
E. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
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PresidentO
06-09 12:13 AM
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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arnab221
10-29 03:11 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
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gcwanter
01-25 11:20 AM
if anything on Earth; the last place to go would be to Indian politicians.
am not inviting criticism but thats the way the indian system is built.
i agree and definitely believe more in the US system.
am not inviting criticism but thats the way the indian system is built.
i agree and definitely believe more in the US system.
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retropain
09-07 03:48 PM
I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.
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GCEB2
06-24 08:06 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
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satishku_2000
08-10 03:18 PM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
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northstar1
07-26 11:36 AM
Thanks Ashkam. So does that mean it's not really subject to the I-140 processing backlog..any idea?
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dhesha
04-18 06:32 PM
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
more...
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FinalGC
05-10 04:50 PM
I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.
If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.
If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.
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ameryki
04-20 10:11 PM
I am almost certain your friend has lost his H1 status. In other words if he reapplies for H1 he goes back in the que (lucky draw)
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usirit
07-01 04:18 PM
Diptam;
We have shared some expenses of my H1B Visa -legal & processing fees- however, the ones related to my family were paid by myself. LC has been also splitted between employer and myself.
Although, I don't deny the requirement of processing and legal fees, I disagree on how employers (sponsors) and lawyers/attorneys handle them. Employers on one hand should cover without split or sharing the expense with the employee; just because of the fact of getting our salary -kind-of-locked-.
In the other hand, attorneys ...the ends justify the means...
I think that I am just frustrated with the whole process, MAYBE 20K wouldn't really matter if we were seeing results but we have to beg for an action/update or even worse lay around for who knows how long so the "system" can work.
If I had known what I know now... :rolleyes: everyone's wish!
We have shared some expenses of my H1B Visa -legal & processing fees- however, the ones related to my family were paid by myself. LC has been also splitted between employer and myself.
Although, I don't deny the requirement of processing and legal fees, I disagree on how employers (sponsors) and lawyers/attorneys handle them. Employers on one hand should cover without split or sharing the expense with the employee; just because of the fact of getting our salary -kind-of-locked-.
In the other hand, attorneys ...the ends justify the means...
I think that I am just frustrated with the whole process, MAYBE 20K wouldn't really matter if we were seeing results but we have to beg for an action/update or even worse lay around for who knows how long so the "system" can work.
If I had known what I know now... :rolleyes: everyone's wish!
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10-05 09:43 AM
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piyu7444
07-22 05:28 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
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