rockstart
06-03 03:28 PM
I changed address twice since filing my I 485. Both times I e-filed the AR 11 form for myself and my spouse. Also added the I 485 case numbers to it. Both times I received a receipt from USCIS. Also I saw a soft LUD on my application. I did not call any one in USCIS to verify but I have sent copies of the receipt to my lawyer for his records.
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ganguteli
07-16 09:35 AM
Hi,
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
How can you and your attorney be so careless?
If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.
But my question to attorneys on this forum is this:
How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.
But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.
I want to also know what you think about this and how one should complain.
Thank you.
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
How can you and your attorney be so careless?
If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.
But my question to attorneys on this forum is this:
How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.
But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.
I want to also know what you think about this and how one should complain.
Thank you.
s_r_e_e
11-29 02:18 PM
their email notif system doesnt work.. they may not send email on even hard lud.. I got email for my EAD approval a month after getting the card in hand! ..
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GCard_Dream
07-28 05:07 PM
In other words there isn't really any harm in using the travel doc so long as you don't use the EAD and maintain h1/h4. This is good to know. However, I am still thinking about technical details like whether to surrender the I94 or not on the way out and whether I should show both H1/H4 and travel doc to the IO at POE.
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
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GC_ki_daud
03-13 03:18 PM
Also if I leave this employer and work with another employer on AC21, Will the USCIS still question me if they do a full inquiry on the company (FYI it is a staffing/consulting company)
kumarc123
06-14 08:23 AM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
First of all it is illegal for them to haord any type of money.
Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.
Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.
Good Luck
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
First of all it is illegal for them to haord any type of money.
Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.
Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.
Good Luck
more...
GCOP
09-24 10:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
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FredG
February 26th, 2004, 10:27 PM
Gotta admit I've not been very diligent about that. 5 a week sure sounds like a small committment. You sure that will be enough?
Fred
Fred
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augustus
09-10 12:56 PM
Dear All,
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
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james_bond_007
04-06 07:37 PM
I went to the infopass to inquire about the "additional review" letter I got from TSC. Officer did some search and told me the following " this case is in transit to an officer TODAY, just 30 minutes before. you dont have to worry about this notice". He also said that call us back in 45 days .. I did fax all the details to the Senator but am not sure whether this resulted from the inquiry.
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helpmeExperts
02-14 05:05 PM
plz any responses here
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rbalaji5
11-05 12:46 PM
Hi GKBest
Any updates on infopass?. Let us know. Thanks.
Any updates on infopass?. Let us know. Thanks.
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horus
10-25 10:17 AM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
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ak_2006
06-21 03:37 PM
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
Please look :
http://immigrationvoice.org/forum/showthread.php?t=5353
Look this link for photo related information.
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
If possible, you can use AAA card for better/free photos.
But don't look for money, try to get best photos.
Please look :
http://immigrationvoice.org/forum/showthread.php?t=5353
Look this link for photo related information.
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
If possible, you can use AAA card for better/free photos.
But don't look for money, try to get best photos.
more...
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hersheygaile
09-10 03:34 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
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outlook2
07-18 09:42 PM
They have not done any rejection yet. As per the recorded conference ( legal experts in the immigration ) they will accept all the application
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kk_kk
07-16 06:01 PM
Thank you for your reply.
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veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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JEESEE
05-11 12:06 PM
My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
forever
07-23 06:34 PM
If-485 is rejected should we wait till PD becomes current?
Yes. You can not apply again until your priority date becomes current.
Yes. You can not apply again until your priority date becomes current.
ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
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