thepaew
12-14 09:23 AM
Hi
The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications
I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.
Best of Luck
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications
I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.
Best of Luck
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
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Texascitypaul
02-23 06:15 PM
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
at0474
01-09 02:52 PM
It would definately move..but movement would be backward. :-)
--LOL! I understand where you are coming from!! However, in reality, EB3's rear got so far up against the brick wall, it can't move back any further. It can only move forward.
Are there people with EB3 pds in 2000/2001 still waiting in that large number for GCs? I don't think so..
If not any movement, I won't be surprised. If any, it has to go forward for EB3.
--LOL! I understand where you are coming from!! However, in reality, EB3's rear got so far up against the brick wall, it can't move back any further. It can only move forward.
Are there people with EB3 pds in 2000/2001 still waiting in that large number for GCs? I don't think so..
If not any movement, I won't be surprised. If any, it has to go forward for EB3.
2011 With my N79 and E53 Nokia
gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
more...
fromnaija
09-14 01:54 PM
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
gcwait2007
05-16 03:25 PM
Unseenguy, Thank you for the good, satisfying answer.
I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?
(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?
(3) I hear that one needs to get police clearance certificates. Where does they come from?
I look forward for your reply,
Thank you
I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?
(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?
(3) I hear that one needs to get police clearance certificates. Where does they come from?
I look forward for your reply,
Thank you
more...
gc_on_demand
09-10 03:11 PM
If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show
2010 With my N79 and E53 Nokia
prem_goel
11-25 01:32 PM
Did you last stamped in Tijuana? Because Rule is just changed.
NEW RULE:
Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22)
You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.
NEW RULE:
Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22)
You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.
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for_gc
05-09 12:49 PM
I will like to attend. I will be travelling from Orlando, FL. One person.
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Anders �stberg
June 4th, 2004, 02:24 PM
:D :D
That's funny!
And, I don't mind at all. :)
That's funny!
And, I don't mind at all. :)
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casinoroyale
01-07 11:51 AM
>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
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Motivated
10-26 01:38 PM
Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
more...
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jaggu bhai
08-10 09:18 AM
We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.
frostrated & smuggymba
Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....
U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).
And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!
Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.
Frostrated: College is only giving I 20 rest of the things we have to do ourselves.
frostrated & smuggymba
Thanks for ur replies....
As I am EB3 - MAY 2009....No question of I 485 soon....
thats the reason for the F1....
U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).
And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
Whether is the letter of intent makes them believable!!!
Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.
Frostrated: College is only giving I 20 rest of the things we have to do ourselves.
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Tshelar
11-11 08:35 AM
I am guessing you are only worried about the original degree getting lost in this process. Worst case scenario you can always get another one issued from the university.
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
more...
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nogc_noproblem
10-23 08:50 PM
Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
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eb3retro
08-06 11:36 AM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?
congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?
more...
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sureshvd
10-15 11:15 AM
Hi svr_76,
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.
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Bobby Digital
May 17th, 2005, 10:18 AM
If your going to take a photo after dawn and before dusk you may want to think about investing in a two-stop grad ND filter. Cokin makes the holder, adapter and filters for a reasonable price. They would make a noticable difference with the bright sky and the green landscape. Just a thought. I'm very happy with mine. Hope this helps.:)
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shortchanged
07-18 07:16 PM
Since it is asked when was your last entry into USA, your I-94 on 15th has to be entered into the 485 application.So to be safe, you will have to be in USA at the time your I-485 form is filed.Actually if you can overnight First Fedex it,it will arrive at NSC on 17th morning, you will still be in the window of opportunity.Remember,NSC picks up mail only once a day.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
Rayyan
08-04 12:52 PM
Please http://www.indiacgny.org/
under Consular services----> passport----> name change.
It is pretyy easy.
Thx
under Consular services----> passport----> name change.
It is pretyy easy.
Thx
shana04
08-15 05:29 PM
Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same
Is your Name check and FP cleared?
Is your Name check and FP cleared?
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