chnaveen
04-24 10:18 AM
I understand the pain beacuse of these RFE as we all are waiting for our GC.
There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
It doesn't mean that, in every one's case, they send this RFE, It's just Random.
And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.
There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
It doesn't mean that, in every one's case, they send this RFE, It's just Random.
And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.
walking_dude
02-14 03:52 PM
Paskal, you guys rock man.
IV physicians is a model for special interest work done within the IV framework. There was similar idea of I-140 PP group, which sadly didn't take off. Makes me wish I had chosen stethoscope instead of the keyboard :-).
Best of luck guys.
IV physicians is a model for special interest work done within the IV framework. There was similar idea of I-140 PP group, which sadly didn't take off. Makes me wish I had chosen stethoscope instead of the keyboard :-).
Best of luck guys.
ameryki
09-30 09:23 PM
is there anyway USCIS would find out that this person changed jobs within 180 days of 485 filing when he or she applies for H1 transfer? and then that could result in 485 denial?
EB-VoiceImmigration
09-18 11:56 AM
@Pinky001:
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
more...
needhelp!
11-16 01:09 PM
http://picasaweb.google.com/niloufer78/DFWDiwaliMela2007
mambarg
07-20 09:56 AM
I got the answer.
INS review have steps to lookup info in CLAIMS software to see if there is approved petition.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD
SO I am sure they will verify the info in enotice before rejecting.
INS review have steps to lookup info in CLAIMS software to see if there is approved petition.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD
SO I am sure they will verify the info in enotice before rejecting.
more...
madanreddy
03-14 01:55 PM
Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.
What are my options? I am in status?
Thanks for your advice.
What are my options? I am in status?
Thanks for your advice.
amsgc
09-14 11:00 AM
Here is a EB2-I poll for 2005 taken last month or so
http://immigrationvoice.org/forum/showthread.php?t=20725
http://immigrationvoice.org/forum/showthread.php?t=20725
more...
waitingmygc
01-19 12:01 PM
You have only 2 options:
Either postpone your vacations or get new visa stamping on your passport.
If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.
Better ask your attorney, I believe he will suggest you the same.
Either postpone your vacations or get new visa stamping on your passport.
If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.
Better ask your attorney, I believe he will suggest you the same.
factoryman
02-09 07:21 PM
Congressmen from hi-tech SF and CA.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
more...
pappu
12-20 10:21 AM
Members should not write to them IMO. IV as an org should try contacting them for a face time.
You cannot even get tickets to Colbert's show(Sold out for the next few months). There is just the studio location listed for now:
513 West 54th Street, between 10th Ave and 11th Ave in midtown New York.
pls send contact info
You cannot even get tickets to Colbert's show(Sold out for the next few months). There is just the studio location listed for now:
513 West 54th Street, between 10th Ave and 11th Ave in midtown New York.
pls send contact info
surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
more...
senthil1
06-26 02:30 PM
My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past
Could you please point out the section where it says dual intent for H1 will be removed ?
Could you please point out the section where it says dual intent for H1 will be removed ?
setpit_gc
05-27 07:14 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
more...
eb3_nepa
08-13 09:39 PM
Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
go_guy123
01-15 11:51 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
more...
looivy
07-17 01:34 AM
I can re-apply, but my 485 is already approved on July 8th!
Sorry to hear that. What does your lawyer have to say?
Also, why did they not inform you until now. You must have filed hers around Feb 2005.
Sorry to hear that. What does your lawyer have to say?
Also, why did they not inform you until now. You must have filed hers around Feb 2005.
evildead
01-18 02:54 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
ashrock11
02-04 04:03 PM
Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.
Thanks
Thanks
villamonte6100
10-15 10:03 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
ram006
07-17 09:35 AM
I meant re-apply for her 485
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
