Gurus please help
Hi,
I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is
Have you ever filed an immigrant petition for any person in this petition?
Last year when I filed for H1 extension I had checked 'NO'
But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'
I will appreciate if you can help me with this.
Thanks,
Hi,
I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is
Have you ever filed an immigrant petition for any person in this petition?
Last year when I filed for H1 extension I had checked 'NO'
But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'
I will appreciate if you can help me with this.
Thanks,
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Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.
I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?
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I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You have rights to ask the above items. But it can not be done thru USCIS.
You should hire a good lawer and proceed thru court.
Good luck.
PS: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
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I am in a similar boat [not sure about the reason though, no reasons were given]. My lawyer is going to re-file with premium processing citing an old receipt date of June 27th, 2007. Any updates from your side?
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
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I am asked to show my I 797 form by the Indian officer once I land in India from USA, not just once every single time :)
I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
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.
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.
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Hello Prashanthi
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
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My PD is oct 2004 it is way-off from the current priority dates according to the visa bulleting, but still I received the EAD for only one year(approval date: 9/11/2008). Did you receive any positive info from the INFO-PASS appointment?
:)
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
:)
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
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Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
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I think you have maintained a legal status thru the transfer from A to B. So in my view your are fine even though there is a gap in terms of Pay stub for some days. But your status is legal.
So dont worry.
:)
So dont worry.
:)
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If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
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At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
the G-28 is only going to help for I-485 point of view.
The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.
Cheers.
the G-28 is only going to help for I-485 point of view.
The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.
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Got appt notice (for 7th)
2 days later appt cancellation notice
5 days later got a new appt notice (for 22nd)
2 days later appt cancellation notice
5 days later got a new appt notice (for 22nd)
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:eek: I-140 application, page3, under paragraph Copies: "Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original".
:D
:D
I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
Kate, do you personally know the two cases? Just curious. Thanks!
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
Kate, do you personally know the two cases? Just curious. Thanks!
Oh, I made them out of your PSD file :)
