raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
GetGC08
05-11 09:14 AM
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
dealsnet
01-05 08:16 AM
If your extension paper come with I-94 attached, take it and staple it on your passport. (That is your new I-94). White paper need to keep in safe place. If it is expired, no value for it.
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
Flash-Matic
10-28 10:38 PM
How much do you expect the "earnings" to be?
Dono depends how good we are togather and what we are doing but id like a decent amount
Dono depends how good we are togather and what we are doing but id like a decent amount
more...
Winner
10-11 08:37 PM
I am in H1B and more than five years. My employer is a mid size
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Just curious..if you can answer the below questions, I'll google my fingers off to get you information you need.
Why not disclose your employers name?
Does your company just pay low wages to others and pay you very well?
If your company is violating US laws, why are you with them?
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Just curious..if you can answer the below questions, I'll google my fingers off to get you information you need.
Why not disclose your employers name?
Does your company just pay low wages to others and pay you very well?
If your company is violating US laws, why are you with them?
reddymjm
06-19 03:37 PM
As far as I know, NO he cannot.
more...
singhsa3
09-15 11:47 AM
Folks there are three threads on the forum that are targeting the similar objective.
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
and
http://immigrationvoice.org/forum/showthread.php?t=21493
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
Please RSVP
This meeting is online and is for an hour.
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
and
http://immigrationvoice.org/forum/showthread.php?t=21493
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
Please RSVP
This meeting is online and is for an hour.
ghost
07-19 08:48 AM
Yes, I checked and we are approved all the way.Just waiting for the consular processing date to get our Green Card.
So can my wife quit her job? I dont understand why she couldnt if our case is already approved...
If you are approved all the way then did you receive an EAD card?
So can my wife quit her job? I dont understand why she couldnt if our case is already approved...
If you are approved all the way then did you receive an EAD card?
more...
EADchallenged
08-21 11:03 AM
The schedule / calendar only shows the immigration hearings.
bond65
09-27 01:57 PM
I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?
TIA
TIA
more...
santa123
07-22 07:40 PM
I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
wizkid732
08-26 07:47 AM
Thanks overseas.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
more...
anci
11-14 01:33 PM
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
Thank you very much in advance.
Anci.
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
Thank you very much in advance.
Anci.
garfield_x
03-05 01:53 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
more...
akmypoints
11-04 01:17 PM
anyone having inputs to the query below:
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
reddymjm
08-04 07:52 AM
Me too got the same email.
more...
rajuram
05-06 09:27 PM
when will the house take up the bill, every one is focusing on the senate.
Last year house shot it down. hope this doesnot happen this time.
Last year house shot it down. hope this doesnot happen this time.
abracadabra102
08-27 06:07 PM
but if i go through a regular divorce process is that okay for the USCIS?
You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.
You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.
bluekayal
10-22 07:49 PM
OK. mystery solved. The IIO from TSC I spoke today, said everything is in order, and perhaps there was an inputting error. I'm relieved, and yes, my case is preadjudicated.
sukhyani
01-27 11:43 PM
These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.
Thanks
Interview is scheduled during the first week of March.
Thanks
Interview is scheduled during the first week of March.
validIV
03-25 01:49 PM
How come you are being paid if you are unemployed?
