martinvisalaw
03-22 07:17 PM
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.
If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.
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immi_twinges
09-06 09:05 AM
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
reddy77
01-13 06:11 PM
Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...
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glus
12-18 01:05 PM
Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
more...
SunnySurya
07-17 08:21 AM
Let us make a real history then. I am assuming GCKabhayega can open a new account under different handle. So why not GCKabhayega ask people for more reds so that atleast your this avatar becomes the most despise handle in the history and future of IV!!!
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:
lvaka
07-18 10:58 AM
I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.
Correct me If I'm wrong.
Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
You can go to USCIS.gov page and look for the press releases.
New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.
Good luck.
Correct me If I'm wrong.
Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
You can go to USCIS.gov page and look for the press releases.
New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.
Good luck.
more...
rocky74
07-20 10:33 AM
I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.
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smiledentist
06-14 01:36 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
more...
smartimss
10-23 10:10 AM
Spouse application (secondary 485) is approved and received card in 2 months back but mine (primary application) is still pending? Is one in same boat? Please advice?
India EB3; PD: Feb 2002
Service Center: NSC
Receipt Date: 06/06/2007.
Notice Date: 06/15/2007.
India EB3; PD: Feb 2002
Service Center: NSC
Receipt Date: 06/06/2007.
Notice Date: 06/15/2007.
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sdrblr
09-09 10:21 AM
I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)
more...
thomachan72
10-04 01:29 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
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ARUNRAMANATHAN
06-26 10:02 PM
As listed if there is so many address .... is the just the place where we filed the 140 that counts ?
Does it make a difference where the labor is approved ?
Or
Just the place where the 140 was approved ?
Confused .....
I guess this for from July 1st to July 31st after that it is different Right ?
Does it make a difference where the labor is approved ?
Or
Just the place where the 140 was approved ?
Confused .....
I guess this for from July 1st to July 31st after that it is different Right ?
more...
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jasmin45
07-31 06:44 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
tattoo by Pixar Builder » Mon Nov 23,
Phaedra
05-30 11:54 AM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
more...
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sundeep14
11-14 11:07 AM
Good Replies / Discussions ...
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katakamk
07-11 03:00 PM
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
more...
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rameshvaid
07-02 09:05 PM
Thanks! Will I be out of status immediately? How much time do I have to leave the country?
If you file for MTR with in 30 days you should be fine till the case is adjucated.
As long as MTR is filed u r not out of status.
Good Luck..
RV
If you file for MTR with in 30 days you should be fine till the case is adjucated.
As long as MTR is filed u r not out of status.
Good Luck..
RV
girlfriend Jr” Aka, the Pixar Lamp
joeshmoe
09-04 11:22 AM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
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lalithkx
07-29 04:57 PM
I was wondering if there is any update available from this meeting?
Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.
Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.
LostInGCProcess
09-06 04:22 PM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
Regardless of the amount of application they receive, they have to provide 'good' service for the amount they charge for each application.
If we assume the per charge of each application is $100.00 or $200.00
7.5miilion X $100.00 = $750 million.
7.5million X $200.00 = $1.5 Billion.
you have a huge receivable account. And it can be run more efficiently and accurately giving good customer satisfaction.
I feel sorry for the person who has posted this thread. Cause he may have made lot of planning to travel, book flight tickets etc...and it all has to change...so, there is also a secondary cost involved if one goes thru this kind of 'errors'.
Regardless of the amount of application they receive, they have to provide 'good' service for the amount they charge for each application.
If we assume the per charge of each application is $100.00 or $200.00
7.5miilion X $100.00 = $750 million.
7.5million X $200.00 = $1.5 Billion.
you have a huge receivable account. And it can be run more efficiently and accurately giving good customer satisfaction.
I feel sorry for the person who has posted this thread. Cause he may have made lot of planning to travel, book flight tickets etc...and it all has to change...so, there is also a secondary cost involved if one goes thru this kind of 'errors'.
meridiani.planum
07-22 12:32 AM
inline....
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
Hi,
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
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