h1techSlave
07-15 10:39 AM
The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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same_old_guy
06-20 08:28 PM
I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.
PavanV
09-14 02:13 AM
shreekhand, I think peshwa's comments are about right, its human psychology, the slaves organized and demanded their rights, but it took a long time to get that , but they were some among the slaves who did feel that they were going to get freedom from their masters if they really worked hard, do you think they would have gotten freedom if they had did just that ?
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shana04
01-09 12:00 AM
We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.
There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).
One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.
After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)
To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.
Good luck.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.
There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).
One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.
After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)
To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.
Good luck.
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desi3933
02-18 10:03 AM
Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
smari
09-08 04:43 PM
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
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Saralayar
07-27 10:58 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
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veni001
06-18 10:25 AM
As far as i know only time you can recapture PD is if you filed I-485 and 180 days passed, If you haven't filed for AOS and your approved I-140 is withdrawn by the employer then you can not recapture that PD.
I would check with a good immigration attorney before making a decision.
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
I would check with a good immigration attorney before making a decision.
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
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gk_2000
05-04 01:32 PM
What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!
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greyhair
06-21 09:31 AM
In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.
I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.
But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.
Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)
If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.
But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.
Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)
If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
more...
micofrost
07-18 06:25 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
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milmuk
02-06 07:35 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
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questions
06-10 10:07 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
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Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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singhsa3
07-12 10:19 PM
See my answers in red
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
It will need change in law. Cannot be done without senate and congress approval
2. Medical tests are going to be valid indefinitely
Possibily but cannot be a big news, especially if we are talking about near term good news
3. Ppl who've worked for X years automatically can apply for I-485
It will need change in law. Cannot be done without senate and congress approval
5. All can apply as per the old bulletin
Already ruled out
6. ????
Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
cmon guys help me with this.i'm running out of ideas..:D
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
It will need change in law. Cannot be done without senate and congress approval
2. Medical tests are going to be valid indefinitely
Possibily but cannot be a big news, especially if we are talking about near term good news
3. Ppl who've worked for X years automatically can apply for I-485
It will need change in law. Cannot be done without senate and congress approval
5. All can apply as per the old bulletin
Already ruled out
6. ????
Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
cmon guys help me with this.i'm running out of ideas..:D
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tampacoolie
08-04 09:04 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.
Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.
Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.
more...
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chanduv23
03-31 02:52 PM
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
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bidhanc
07-30 07:03 AM
Brasil,
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
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nixstor
10-25 08:46 AM
Yeah! You are right. I will post one too.
saileshdude
08-12 08:04 AM
My NC is pending. And I am not getting the GC because of that. A lot of people with Jan/Feb/Mar/Apr 2006 are getting theirs and quite handful with 2003/2004 are stuck. What could be the reason for this inconsistency, obviously NC.
kaarmaa
10-12 05:09 PM
I saw this article about eliminating the diversity visa program and using those numbers for EB categories.
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)
Will this do us any good?
Thanks
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