abhay
01-19 09:40 PM
Hi All
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
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looivy
07-16 11:02 PM
I-140 onwards in good 'ol days when there was no PERM because your LC would not reach USCIS untill you applied...now i believe you file PERM with USCIS so it would be LC. ....someone correct me if I am wrong.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
amar123
07-28 04:25 PM
Geez, how hard can it be!!
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
2011 ~Rolling Stone, 1998. Johnny
ImmigrationAnswerMan
09-14 12:23 PM
1) Any time someone takes a trip outside the US for longer than a year they are taking some risk that CBP will determine that they have abandoned their permanent residence. It would probably be OK, but there is no guarantee. If someone is taking a trip for longer than one year they must get a travel permit.
2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.
** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.
** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
more...
augustus
05-06 03:28 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
My husband too replied to the RFE. So far, there has been only case resumed message. I am not sure if this kind of RFE will result in a Green Card. I pray that we all get our cards soon. I feel we have all given our share of sacrifices and played it fair and square so far.
Augustus..did you get GC yet ?
Thanks
My husband too replied to the RFE. So far, there has been only case resumed message. I am not sure if this kind of RFE will result in a Green Card. I pray that we all get our cards soon. I feel we have all given our share of sacrifices and played it fair and square so far.
omved
05-06 02:20 PM
Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..
Radhay..no they haven't asked for any pay stubs..
Radhay..no they haven't asked for any pay stubs..
more...
plusme
10-19 09:37 AM
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
2010 完全没有可比性的两只，貌似一个
franklin
11-16 08:06 PM
One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
more...
punjabi
07-28 01:12 PM
$100 is way too less.
If I get GC, I promise I'll donate $500 to IV right away!!
If I get GC, I promise I'll donate $500 to IV right away!!
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kaisersose
02-20 11:17 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
more...
manfrmind
04-01 02:11 PM
Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
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go_gc_way
07-12 03:18 PM
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
more...
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TeddyKoochu
01-26 12:54 PM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Amazingly well said, great.
Amazingly well said, great.
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gc28262
03-09 11:51 AM
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.
She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.
more...
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Leo07
05-21 10:48 AM
"Did you File for AOS/485--YES/NO?"
Just to see, if it gets more people to poll..
Just to see, if it gets more people to poll..
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satishku_2000
08-10 01:40 PM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.
Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process
can you guys tell usually what kind of information is requested in EB3 cases.
RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.
Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process
more...
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for_gc
04-07 06:42 PM
Just sent you a PM.
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Bytes4Lunch
04-09 04:37 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
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JeffDG
01-23 07:38 AM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
raysaikat
07-12 02:47 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
Jerry2009
05-11 02:04 PM
desimass77, thanks a lot for your response! Congratulations on your loan approval.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
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