Beemar
11-05 11:34 PM
You should be having a copy of your approval notice of your I-140. Your lawyer must be having the original copy of this approval notice. Take an info pass appointment, take this I-140 notice copy with you and ask them what exactly is the matter.
My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
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botol123
10-17 09:08 PM
The USCIS has returned the my entire package - I-140, I-485, I-131 and I-765 - to my lawyer by mistake.
The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.
Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.
The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.
Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.
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deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
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needhelp!
02-12 10:59 AM
purgan,
This is a good idea. Can you create a thread with poll and we can see what percentage bought a house in US vs invested in property elsewhere. (or both)
I signed as well.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
This is a good idea. Can you create a thread with poll and we can see what percentage bought a house in US vs invested in property elsewhere. (or both)
I signed as well.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
more...
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vbkris77
04-13 09:03 PM
I don't think child's country works.. Most of the guys would have been
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
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Sakthisagar
05-19 11:02 AM
Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is a different issue. Even if there was a competent PM, why should he/she work to get our Green Card?
Mexico is a bordering country and has a different kind of trade and agreeements. It is not the same for other countries like India and China.
Tell me why not Indian PM can't indicate to The US President on immigration? what is wrong in that logically, only for dollars and election fund they need NRIs how many Indians who are in US contribute to the Indian economy. Tell me what is wrong in asking ?
Mexico might be bordering country but India aslo ahve trade agreements with US, is PM afrain of US authorities? or there is no order for the all powerful all is wel madame and her son who is good for nothing?
Tail Note: heard from confidential sources when Indian PM visited White house it is said for every question President Obama asks he was on hot line with his master madame in Delhi for answers, he can never say anything without asking her!
Mexico is a bordering country and has a different kind of trade and agreeements. It is not the same for other countries like India and China.
Tell me why not Indian PM can't indicate to The US President on immigration? what is wrong in that logically, only for dollars and election fund they need NRIs how many Indians who are in US contribute to the Indian economy. Tell me what is wrong in asking ?
Mexico might be bordering country but India aslo ahve trade agreements with US, is PM afrain of US authorities? or there is no order for the all powerful all is wel madame and her son who is good for nothing?
Tail Note: heard from confidential sources when Indian PM visited White house it is said for every question President Obama asks he was on hot line with his master madame in Delhi for answers, he can never say anything without asking her!
more...
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Ramba
09-23 02:42 PM
AOS is neither vaild non-immigrant status nor immigrant status. It is a "period of authorized stay" based on contigency of approval of 485. Though, it has work authorization, there is no law clearly says they are eligible for school or any other benefits that immigrants enjoy. Therefore, it is difficult to explain to those have limited knowledge. It is better to get a letter from immigrant lawer to explain to school or just follow what school is suggesting.
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shirish
11-12 08:49 PM
I applied without medicals for myself, my wife and my son. I got everything except AP. Did the FP one week back.
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
more...
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jcrajput
09-26 05:02 PM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
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nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
more...
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reverendflash
10-21 01:59 AM
there are a ton of sites out there for just that... how to improve your snapshots...
You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...
:P :P
Rev:elderly:
You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...
:P :P
Rev:elderly:
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ras
04-02 09:05 PM
My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
more...
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help43
09-10 09:19 PM
You are correct. I dont have any gap between opt and h1-B. I mean there is no out of status issue.
But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.
I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)
Which consulate is better for this case........to get solved.
According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?
But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.
I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)
Which consulate is better for this case........to get solved.
According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?
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whattodo
12-26 08:20 PM
Well said, Kumar1. It seems like you have done PhD on immigration matters. :)
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
more...
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bindas74
05-15 08:38 AM
Hi Gurus,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
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akunamatata
04-02 10:04 PM
Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.
more...
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chakdepatte
10-18 02:58 PM
Pardon my french but most of DMV/BMV employees are absolute #$@#$%#@.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
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srikondoji
07-02 01:55 PM
In the month of June, USCIS employees had too much of Red Bull during normal business hours, otherwise they wouldnot have become so efficient/robotic all of a sudden.
How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?
Did DOS played a hardball with USCIS?
By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.
Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.
Allegations against DOS and USCIS heads
1) They have colluded with doctors and lawyers to make a quick buck.
2) They are 100% inefficient and need to shutdown their shops.
3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.
There needs to be accountability on their part and own the mess and pay us back every penny.
I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.
In just 2 weeks these guys have shattered my dreams.
I had so many plans and they are broken all of a sudden.
No wonder mexicans are smart by not following rules and then protest on streets.
Its time for civil disobedience.
How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?
Did DOS played a hardball with USCIS?
By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.
Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.
Allegations against DOS and USCIS heads
1) They have colluded with doctors and lawyers to make a quick buck.
2) They are 100% inefficient and need to shutdown their shops.
3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.
There needs to be accountability on their part and own the mess and pay us back every penny.
I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.
In just 2 weeks these guys have shattered my dreams.
I had so many plans and they are broken all of a sudden.
No wonder mexicans are smart by not following rules and then protest on streets.
Its time for civil disobedience.
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j-square
07-04 10:50 PM
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.
lj_rr
08-24 01:13 PM
Anyone found a solution for this yet?
jonty_11
02-09 12:45 PM
Yes we have to keep focused and not give up this fight. With so much taxes and spending we have pumped into the economy, dont u guys think u deserve better.
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