TigerAmit
09-23 03:07 PM
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
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meridiani.planum
04-17 02:11 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
bigboy007
10-30 05:47 PM
Should address on Drivers license and Address that we provide for USCIS should it match ?
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
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VenuK
06-15 04:45 PM
Hi Meridiani,
Thank you for your response.
I did talk to Immigration Officer and my lawyer about it.
Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
added to it .
my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.
how should i approach the situation, I'm confused...
who would be the right people i need to talk to. what would be my best bet....
Please advise.
Thank you for your response.
I did talk to Immigration Officer and my lawyer about it.
Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
added to it .
my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.
how should i approach the situation, I'm confused...
who would be the right people i need to talk to. what would be my best bet....
Please advise.
more...
h1bemployee
06-25 01:57 PM
Hi Prasanthi,
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?
gc_chahiye
08-22 02:27 PM
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
more...
insbaby
11-21 11:07 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.
You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.
BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.
You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.
BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.
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th5000th
07-10 05:51 PM
On June 9th, CIS provided the required data to VO. ????
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
more...
another one
07-26 10:49 AM
IV core-
Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.
Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.
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lazycis
12-27 04:53 PM
Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.
more...
prdgl
07-07 10:37 PM
Showing 1 year of work experience when you don't really have that experience. You can be asked for pay stubs, employer verification letters, etc. for I-140 and maybe even for I-485. For all you know, you might have a smooth ride all the way to your GC. But as I wrote earlier, there's no guarantee when your past can come back to haunt you.
Thanks,
Jayant
I agree completely. I am sorry for asking that question. Just curious. Because, I want to make sure what I am doing is the right one.
Thanks,
Jayant
I agree completely. I am sorry for asking that question. Just curious. Because, I want to make sure what I am doing is the right one.
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eb3retro
06-04 07:25 AM
dude..have some patience, people will respond. you dont need to open multiple threads for the same question..
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
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gsc999
09-12 07:21 PM
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
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md2003
08-30 01:06 PM
Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.
As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.
As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.
more...
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saileshdude
12-03 03:13 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
I would not recommend , in fact I would say DO NOT even attempt to thing about these benefits while your AOS is still pending.
I would not recommend , in fact I would say DO NOT even attempt to thing about these benefits while your AOS is still pending.
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gova123
08-14 03:31 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
more...
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Gravitation
12-19 12:32 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
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njboy
06-08 01:22 PM
When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating elitism by encouraging the well-heeled to pay to be above a system. Was there a rule that said that Vito Corleone would have to stay on Ellis Island and not work for several months if he didnt pay extra money to get his I-130 processed? But, today..the system is doing exactly that. They are confining our personal Godfathers (who we are mortally scared of .i.e or wives) to stay at the virtual Ellis Island (read as - 1 Bedroom apartment) and not allowing them to work till we premium process the shirts off our back.
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reddymjm
01-31 01:35 AM
Check your meter reading, report it. Call your Landlord to see if the whole building or apartment complex is connected to your meter.
chris
12-15 04:03 PM
Any of got approved based on this memo ?
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
eb2_immigrant
09-16 02:35 PM
I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.
Do not wait for USCIS to make decisions.
Do not wait for USCIS to make decisions.
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