roseball
04-06 12:43 AM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
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radhay
08-20 04:11 PM
Glad to see there is some hope in future for EB3 I.
But we shouldn't rest on these hopes. If we can get at-least couple of items on IV agenda (recapture , STEM) passed we should all be greened for sure.
Heres hoping for the best.
But we shouldn't rest on these hopes. If we can get at-least couple of items on IV agenda (recapture , STEM) passed we should all be greened for sure.
Heres hoping for the best.
sen
11-17 06:51 PM
Hi
I am also from south east michigan. I don't any see posting in this section, which surprises me. We have to mobilize our friends in this region as Michigan Senator is going to hold a key position in the new congress.
I am also from south east michigan. I don't any see posting in this section, which surprises me. We have to mobilize our friends in this region as Michigan Senator is going to hold a key position in the new congress.
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another one
07-18 02:56 PM
but this is a wish list..IV has some clearly defined actions
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
more...
ashkam
07-20 11:28 AM
Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????
I don't think they will accept matriculation certificate as primary evidence. Since the birth certificate is initial evidence, you should contact your lawyer ASAP.
I don't think they will accept matriculation certificate as primary evidence. Since the birth certificate is initial evidence, you should contact your lawyer ASAP.
chapper
07-10 08:57 PM
Click here http://www.immigration-law.com/
more...
snathan
02-14 11:27 AM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
Just tell him you are going to inform about this to IRS and see his reaction. If nothing happening call IRS and report. You can amend your Tax written for extension. So you wll get time till Oct 15h.
Thank you
Just tell him you are going to inform about this to IRS and see his reaction. If nothing happening call IRS and report. You can amend your Tax written for extension. So you wll get time till Oct 15h.
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sledge_hammer
07-16 03:37 PM
ebizash,
If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?
I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.
Thanks everyone for answering my questions on this post as well as via PM.
I can not access PayPal from work but will donate additional $50 to IV after I get back home.
If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?
I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.
Thanks everyone for answering my questions on this post as well as via PM.
I can not access PayPal from work but will donate additional $50 to IV after I get back home.
more...
EndlessWait
05-30 03:29 PM
It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.
After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.
I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.
After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.
I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.
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EkAurAaya
11-30 09:13 PM
Thank you guys for the good wishes :)
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
more...
satishm
07-13 02:21 PM
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
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malaGCPahije
11-24 06:45 AM
I agree, STAY UNITED.
Stay united and fight. We already have few groups like the "Surya" guy, cannot remember his correct id, who fought so that EB3 cannot ever move to EB2. Fortunately I have not seen such issue from EB3 group. There have been occasional venting out out of frustration, but nothing organized to create problems for other groups. Rules are rules and nothing is wrong if the rules are rightly followed.
If the originator of this thread is from Bangladesh, he need not worry. ROW should move faster comparatively, even in EB3.
Stay united and fight. We already have few groups like the "Surya" guy, cannot remember his correct id, who fought so that EB3 cannot ever move to EB2. Fortunately I have not seen such issue from EB3 group. There have been occasional venting out out of frustration, but nothing organized to create problems for other groups. Rules are rules and nothing is wrong if the rules are rightly followed.
If the originator of this thread is from Bangladesh, he need not worry. ROW should move faster comparatively, even in EB3.
more...
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maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
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dba9ioracle
09-18 11:12 AM
Many asked you about H1B employees...but I have a different question for you...
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
more...
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GCBy3000
07-19 03:43 PM
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
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rc0878
09-17 09:15 AM
Applications were sent to NSC on July 19th' 2007. I got my receipt numbers today and all three numbers (I485, EAD & AP) start with WAC ### ### ####. The online status for the applications say that the 485 application was transfered to Texas Service Center and the EAD & AP applications were sent to Califorina Service Center.
Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?
Best of luck to all....
Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?
Best of luck to all....
more...
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gonecrazyonh4
07-25 11:36 AM
We submitted our EAD application in June first week and we got our card this week, effective from last week of July for the next one year.
Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?
Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .
The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.
Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?
Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .
The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.
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PDOCT05
08-23 02:58 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
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sin94
03-16 05:55 PM
whatever be the issue about the debate (doesn't everyone come to this forum to gain something or ask a favor) Past couple of days I have being confused if my my decision about using the AC21 was the right thing to do as many peers advised me against using the AC21 and maintaining the H1. His article on the EAD vs H1B definitely clears up couple of doubts which I had.
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03-24 07:10 PM
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Join the KITList-tech, yahoo group, I found it helpful during the 2001/2002 downturn:
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gc_check
02-27 12:15 PM
I know of a colleague who lost her father but could not go to perform the last rites because she did not have the H1 stamped and the earliest appointment that any consulate in India was giving her was 4 months away.
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
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