Tuesday, June 7, 2011

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  • Prashanthi
    08-21 01:54 PM
    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
    __________________


    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.




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  • morchu
    07-24 12:02 PM
    You do not loose your priority date even if the old employer revokes the 140.

    As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.

    -Morchu

    Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

    1- Yes
    2- Yes (but the job duties have to be relatively the same)
    3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters




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  • augustus
    07-15 04:29 PM
    It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.

    Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.




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  • nshantha
    08-14 03:42 PM
    I am also 7:55 NSC R williams too... no receipt yet



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  • bsbawa10
    08-14 09:43 PM
    **********EDIT:
    Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
    http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA

    To view the complete data, please visit the link : i.e.

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

    The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.

    Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

    My humble request to all please act responsibly.
    Do not edit somebody elses data.
    Do not add/delete/modify any column.
    Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
    I will sort the data according to PD periodically.

    You can add your own row at the end . Also please please do not sort the data.




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  • mohitb272
    03-19 01:17 PM
    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...



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  • kaarmaa
    05-04 06:07 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?

    No.

    I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.

    I-140 can be used to reclaim the old priority date.

    Please consult an attorney. I have knowledge limited to my case.




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  • njdude26
    07-03 06:56 PM
    What are the advantages and disadvantages of a TN-Visa ?

    Other than having to get 1 year visa by visiting the border every 1 year what is the difference b/n this and a GC ?



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  • sri1309
    01-10 10:51 AM
    Hi ALL,

    Here is idea. It can happen to you next week, sorry, but its possible.

    Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
    What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.

    I know some of us are unfortunate to be in the situation, not me, but who knows??.

    So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
    Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
    Sorry if I sound depressing, but lets act before its too late..




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  • map_boiler
    07-18 09:26 AM
    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?



    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?



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  • MAC
    March 28th, 2004, 04:05 PM
    Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!

    MAC




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  • arc
    08-14 01:56 PM
    Hi All

    Did anyone got Receipt # from this Pile?

    Application Reached NSC on July 2 @ 7.55 AM and was received by R Williams?

    DID OUR PILE GOT LOOKED AT?



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  • unbreakable
    03-17 11:20 AM
    Thanks guys for your replies. Will keep you posted on my RFE.




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  • hopefulgc
    01-30 03:48 PM
    I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
    After all, its a good way to put the fitting GC pain to rest.



    How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.



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  • krishna_brc
    02-11 04:11 PM
    I-485 RFE details.

    Needed evidences:

    1. 2 Passport size photos in USCIS specs.
    2. Form I-693 completed by civil surgeon.

    We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?

    As far as i know medicals are valid for 2 1/2 years.

    Answer to your next question is, there could be many possibilities.
    1. USCIS might have lost your original 693
    2. There could be something which is not clear in the original 693 etc

    Don't worry much. Just give them what they asked.
    Its good that they opened your file.




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  • sobers
    06-16 10:03 PM
    The only reason why the House hasn't given in on CIRA is because of the incessant pressure of restrictionists such as NUmbersUSA activists. Look at how active they are. Granted one has to be a Citizen to vote, but the first amendment gives us ALL the right to free speech and express ourselves. That is why IV is legal, and that is why the least we can do is a webfax campaign regarding Skilled Immigration (SKIL bill) AND show up at local meetings with Congressman.

    Believe me, if we don't speak up, no one is going to do it for us. People like me with 02 priority dates are going to wait atleast two more years, folks who filed in 05 may get to wait 5+ years for their GC. This is the way things look currently.

    The Illegals like the Chamber of Commerce, the big lobby Ag, Hotel/Travel, Construction, Meat-Packing, Industries, the Catholic Church and big ethic lobbies like MALDEF, La Raza, besides millions of hispanic votes.

    The other side also has the power of millions of votes and a LOUD VOICE.

    We have nothing compared to them. You can see we are small fish...that is why we need to do all we can to make ourselves heard.

    =========
    From: Roy Beck <ImmigrationInfo@numbersusa.com> Add to Address Book
    Date: 2006/06/09 Fri PM 02:15:30 EDT
    Subject: Time to turn up the heat on Congress

    .t1generaltext { font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 12px; color: #000000; padding-top: 3px; padding-right: 5px; padding-bottom: 3px; padding-left: 5px; margin: 0px; } >
    From: Roy Beck, President, NumbersUSA
    Date: Friday 9JUN06 9:30 a.m. EDT


    Please take some actions today .... and prepare for many more actions next week

    DEAR SUPPORTERS OF LOWER OVERALL IMMIGRATION,

    Thanks to all of you who -- in the two weeks since the Senate voted for a massive immigration increase and amnesty -- have been regularly checking your Action Buffet for new actions and who have been responding to the several Fax Alerts that we have sent you.

    Now, it is time to really start turning up the heat again.

    I'm asking each one of you to do at least one of the following TODAY.

    Members of Congress are feeling great pressure from our side, but we must really escalate that pressure if we are to totally block all the immigration increases in the Senate bill. Thus far, the Republican majority in the House of Representatives has stood firm against the national Republican Party leaders and President Bush. We have a lot of hope that the House can hold the line against the amnesty/open borders plan of President Bush, the Republican National Committee and nearly all Senate Democrats. BUT IT WILL HAPPEN ONLY IF ALL OF YOU DO WHAT YOU DID IN APRIL AND MAY.

    There are a lot more of YOU than there used to be.

    Last Saturday, our Activist Membership crossed the 200,000 mark! That means we have almost 100,000 more of you working together in this cause than we had last December when we pressured for toughening amendments to the House-passed H.R. 4437.

    Action No. 1: Send all the faxes that have accumulated on your Action Buffet corkboard.

    We can tell from the number of faxes that have been ordered over the last two weeks that many of you have taken a much-deserved break from activism and not been sending the new faxes we have posted on your customized corkboard.

    Please go now to:

    www.NumbersUSA.com/actionbuffet

    Action No. 2: Tell us when and where your Senators and Representative are holding town hall meetings

    You should see a thumb-tacked note on your corkboard asking for this information. When you click on the note, you will go to a page that will give you good instructions for how to track down this information.

    There is no central place to find out when and where Members of Congress expose themselves to the voters. In fact, they try to keep it as secret as possible because they don't really want to have to hear directly from you.

    That is why the town hall meeting part of our Action Buffet is so very important.

    NumbersUSA doesn't have the staff to dig out potential meetings of all 535 Members of Congress. We MUST rely on you to send us that info on your own Members so we can share with everybody else from your state and District.

    Click on corkboard note to send us town hall meeting information

    Action No. 3: Attend any meeting or event where your Senators or Representative are expected to appear

    Nothing you do will be as powerful as attending in person one of the events where your Members of Congress appears, and then asking a question or making a statement about immigration -- or even holding up a sign giving your view on immigration -- or applauding another voter who expresses your opinion on immigration.

    You all have become great faxers and phoners. But we must have many, many more of you personally confronting the Members of Congress -- especially the ones who have Immigration Grades ranging from F-minus to B.

    See your Members' immigration grades at:

    www.CongressGrades.org

    If you see a thumb-tacked note on your corkboard that announces a meeting of one of your Members of Congress, PLEASE LOOK AT IT -- and make plans to attend.

    Get some friends to go with you to ensure that you will have a cheering section.

    And be sure to use the feedback devices on our page that allow you to easily let us know you are planning to attend and to give us a report when you return.

    Action No. 4: Call some friends or let us know that you plan to visit the local office of your Representative or one of your Senators next week

    These Members of Congress must have voters in their local offices putting the pressure on their staffs to block the Senate amnesty and immigration increases.

    If you are interested in doing this but don't want to go alone, send us an email through our Help Desk form and we will put you in touch with other people in your area who are trying to make a trip.

    PLEASE NOTE: We have a new way of your communicating to us in which you cannot just hit REPLY to our Alerts anymore.

    We are not trying to make things difficult for you. But with 200,000 members, our staff simply has not been able to keep up with your emails. We have hired two interns for the summer to help Jon and Jeremy. But we also must create a better system of categories if we are to provide the level of service we once did.

    So, you should always communicate with us by:

    (a) clicking on the CONTACT US link in the navigation bar at the top of our web pages. That takes you to the HELP FORM link.

    (b) or putting this address in your directory and regularly using it:

    www.numbersusa.com/helpform

    On the Help Form page, you choose the category in which you are writing and send us an email that way.

    Thousands of people have already started using this form in the last month, and it is accelerating our ability to respond.

    ======================================

    Thanks for jumping into this TODAY before you move into your weekend family and recreation activities.

    Then, please, plan to do something Monday and during the rest of the week.

    We will be sending you additional guidance on how best to stop the amnesty -- or at least keep it from passing this month. The longer we can delay this, the better our chances are of winning.

    Thank you,

    -- ROY



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  • ssdtm
    02-23 10:31 PM
    As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

    AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

    Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.




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  • Lisap
    08-28 12:18 PM
    Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!




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  • weasley
    01-06 04:37 PM
    Don't worry about the Red. People are anxious and may be frustrated. I have seen most of your posts. You are polite and friendly and so I gave you green for your post. Also, I wish you get a chance to file your I485 this year.
    I don't know why I received reds for my post, anyways I respect the opinion of members,




    milind70
    06-21 01:06 PM
    my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.

    i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!

    It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.

    1) go outside the country and get a new I 94
    2) file i 539 cost around 195 USD

    I would also suggest to try the local USCIS office where in they could help is some way.

    Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.




    gg_ny
    07-17 06:00 PM
    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html

    As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
    2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
    I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!



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