kondur_007
03-20 12:33 PM
I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
What are my options going forth:
(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?
(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?
(3) Re-file a new 140 petition?
Any inputs and other suggestions are appreciated
Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.
Do it in timely fashion.
good luck.
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chanduv23
09-25 10:44 AM
We should send this to all lawmakers - post it on IV and post it on blogs - print and distribute
jotv
10-16 11:31 PM
thanks and i am expecting more details
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nayekal
02-21 01:13 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
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senk1s
05-07 12:42 AM
there is a new medical form / procedure that went into effect May 1 ...but that is only for tests done after that date.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Better to wait for it and see what they are asking for
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Better to wait for it and see what they are asking for
Pagal
09-16 03:43 PM
Hello,
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
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sixburgh
06-28 04:31 PM
You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
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martinvisalaw
07-17 11:42 AM
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.
There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:
$320 I-129 fee
$1500/$750 training fee (as it's usually called)
$500 anti-fraud fee.
Otherwise it does not make any sense.
There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:
$320 I-129 fee
$1500/$750 training fee (as it's usually called)
$500 anti-fraud fee.
more...
yabadaba
06-29 02:22 AM
Yabadaba,
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
for u - u need to put in the last time u got a stamp when u left/entered the country. my case was different, I had gotten a visa stamp from toronto. that should be sufficient proof for uscis
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
for u - u need to put in the last time u got a stamp when u left/entered the country. my case was different, I had gotten a visa stamp from toronto. that should be sufficient proof for uscis
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newbie2020
04-24 12:32 PM
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
more...
chanduv23
08-15 08:08 AM
No one is intrested in knowing the facts?
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cendra
04-30 11:15 AM
EB3-PD Jul 02
LC Approved Jan 07
I-140 Pending since March 07
LC Approved Jan 07
I-140 Pending since March 07
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anemmani
01-04 01:06 PM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
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IVFOREVER
03-06 04:10 PM
I think given the volume of name checks cleared and USCIS is working on these cases(assuming) it will move to 2001 oct MAX or the same month and move a couple of days.
more...
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cfan666666
06-27 03:23 PM
I will send my I-485, I-131 and I-765 to this address:
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
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number30
09-23 02:29 PM
If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?
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sts_seeker
05-14 06:30 PM
I AM ALSO victim of same situation. I got my RFE and replied already but wife's RFE hasn't been received and its been more than 3 weeks. My atty called, sent letters and I also called but no letter yet. Don't know why this same pattern happening?
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Desertfox
05-08 03:26 PM
There is no doubt that their work is a lot harder than it appears, but the point is that H1B is always interpreted as Visa for Computer Programmers ONLY, in the mainstream media. I think its time to publicize this new initiative from congress and let everyone know that H1B is not only for Programmers, it’s also for Fashion Models, Doctors, Engineers, Architects, Scientists and who knows what else! :mad:
I think thats what kevinkris meant when he said "give me a break".
I think thats what kevinkris meant when he said "give me a break".
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JunRN
12-21 11:19 AM
Posted by 3 hours ago
"Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."
http://www..com/discuss/485eb/78889113/
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
"Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."
http://www..com/discuss/485eb/78889113/
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
manderson
04-23 10:12 AM
Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..
u will get a copy of the approval notice directly from USCIS though.
u will get a copy of the approval notice directly from USCIS though.
maharshijb
05-04 12:06 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
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