rpat1968
09-22 11:05 AM
IV members who have got vague replies to SR request and also encoundered rude behaviour on with USCIS CSR's should share your experiences with whitecollarslave ...
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Kodi
11-05 01:36 PM
WOW I'm sorry to hear this, I was on the same boat so I can understand. There's nothing you can do. Your employer or attorney can try to contact DOL. I filed May 07 as well, they audited and after replying nothing happened for a very long time. And then out of the blue they approved March of 08. My attorney said there's nothing we can do other than wait as they were auditing left and right, specially EB2. Eventhough my attorney send letters requesting updates they never responded.
I guess I was extremly lucky to finally get approved.
I guess I was extremly lucky to finally get approved.
gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
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la_guy
06-27 06:43 PM
From immigration-law
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
more...
smarth
10-04 09:00 PM
Which center did your application went? What is RD and ND?
ak27
02-20 09:29 AM
I had spoken to couple of Attorneys and they have told me that H1B will done with in two weeks this year. Therefore, anyone looking to apply, get your ducts lined up.. There is not much time left..
Ajay
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
Ajay
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
more...
ujayra01
07-18 08:29 PM
you are correct .
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
Thanks for your reply.
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
Thanks for your reply.
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rajenk
11-18 05:38 PM
What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.
Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.
Yes for 6+3 year extensions they ask for copy of approved I-140s.
Hope that helps.
Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.
Yes for 6+3 year extensions they ask for copy of approved I-140s.
Hope that helps.
more...
immigration1111
08-12 10:35 PM
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
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beautifulMind
04-20 04:10 PM
You can use your eb3 EAD.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...
Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...
Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
more...
justin150377
06-28 08:55 PM
My lawywer mentioned that they could file Monday July 2nd for packet delivery on Tuesday July 3rd. What is the definitnion of the filing date? Is it done electronically so that the filing date is Monday (the date the packet is sent) and delivery date is Tuesday? Or is the delivered date the filing date.
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thankgod
05-13 09:39 AM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
Green card application sis always for future employment.
Happily you can use your 140 and Priority date. No problem.Everything is under control.
Green card application sis always for future employment.
Happily you can use your 140 and Priority date. No problem.Everything is under control.
more...
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hi there
10-18 03:20 PM
Hi all,
I am trying to book my H1b visa interview in the U.S. Consulate at Delhi for end of December. However, I don't see any available interview dates at Delhi during that time from VFS website.
Am I doing something wrong? Can any of give me some guidelines?
Thanks
I am trying to book my H1b visa interview in the U.S. Consulate at Delhi for end of December. However, I don't see any available interview dates at Delhi during that time from VFS website.
Am I doing something wrong? Can any of give me some guidelines?
Thanks
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AGUTHA
02-22 09:05 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
more...
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Rune
September 14th, 2004, 11:30 AM
http://itavisen.no/art/1304403.html?PHPSESSID=6f659d505057356c057c50b88ed ea679 reports that the Norwegian Nikon distributor Interfoto held a press conference today warning people against using "cheap" memory cards from vendors not on Nikon's approved list.
According to Interfoto the cheap memory cards doesn't fit too well physically and can damage the camera. Their service department report pins that are either broken or even forced into the camera itself.
In addition there has been problems with pictures disappearing when "the card crash".
Interfoto recommends Sandisk and Lexar, as well as Microdrives from IBM/Hitachi. (Interfoto is the Norwegian Lexar distributor btw)
Has anyone else heard something similar?
According to Interfoto the cheap memory cards doesn't fit too well physically and can damage the camera. Their service department report pins that are either broken or even forced into the camera itself.
In addition there has been problems with pictures disappearing when "the card crash".
Interfoto recommends Sandisk and Lexar, as well as Microdrives from IBM/Hitachi. (Interfoto is the Norwegian Lexar distributor btw)
Has anyone else heard something similar?
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adithi123
04-16 08:03 AM
I e-filed My I-765 and needs to send in my supporting documentation .
On the confirmation sheet It says to send Supporting documentation to
USCIS Texas Service Center
Attn: E-filed I-765
P O Box ..
Mesquite TX 75185
I know there was a recent bulletin that changed the filing location of I-765 .
Read Notification here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
which is here
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
My understanding is this is only for paper based filings and e-filing should be on the address on the confirmation Receipt . Could someone who has recently (preferably after March 26 ) e-filed confirm where you send the docs.
On the confirmation sheet It says to send Supporting documentation to
USCIS Texas Service Center
Attn: E-filed I-765
P O Box ..
Mesquite TX 75185
I know there was a recent bulletin that changed the filing location of I-765 .
Read Notification here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
which is here
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
My understanding is this is only for paper based filings and e-filing should be on the address on the confirmation Receipt . Could someone who has recently (preferably after March 26 ) e-filed confirm where you send the docs.
more...
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wandmaker
11-13 12:56 PM
I don't think walking in with 485 receipt will work. Call USCIS 800 number and check the status of FP notice, if required open a service request. I'm a july 2 filer, did not receive notice till 10/10 - I called on 10/12 the CSR told me that my FP notice is schedule to be printed and waiting for an appointment with local ASC. In a week time, I received a FP notice, and gonna for FP end of this month. Hope this helps
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
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amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
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arnet
10-24 12:46 PM
my friends travelled on AP for about 2 months and they entered without any problem and their employment based AOS is pending in NSC. nt sure abt your case, check about your situation with USCIS or with your attroney, may be your case is different.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
bkshres
10-07 10:32 AM
Hi,
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
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12-20 03:35 PM
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