NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
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GCneeded
11-07 12:18 PM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
gcgonewild
07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
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drona
08-27 06:01 PM
You can take 1 day off. Leave early morning on Tue to reach the rally. With all the big issues being discussed in Washington every week, we only have a tiny slot. This is our chance to be heard. Join the rally.
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spulavarthi
08-27 02:55 PM
2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
immigrant-in-law
04-24 08:50 AM
The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
more...
ashrock11
01-09 04:39 PM
Thank you.
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reddymjm
10-04 11:17 PM
HE likes RED though..
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LostInGCProcess
02-11 02:31 PM
sidd_k2002, Just move forward and sent the necessary sponsorship letter so that they can go ahead and get the visitors visa. Do you have any brothers and sisters living in India that are still with your parents? If so, they can show that as a reason why they would not like to stay back in US.
Stop worrying and think positive. Since Graduation is a BIG event and its once in a life-time event, the presence of parents at the honoring ceremony is the dream for every child. Your parents should convey this point to the VO.
Good Luck!!! Don't worry!!! Don't think too much!!! Just do the right thing!!! Everything should be okay...
Stop worrying and think positive. Since Graduation is a BIG event and its once in a life-time event, the presence of parents at the honoring ceremony is the dream for every child. Your parents should convey this point to the VO.
Good Luck!!! Don't worry!!! Don't think too much!!! Just do the right thing!!! Everything should be okay...
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prince_charming
02-14 10:46 PM
How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
more...
GLIX
10-25 05:12 PM
Yes, it is worth it if you're PD is current. I got my approval in less than 15 days and to think there even wan request for evidence. Everything was expedited. So am now filing my 485. But for those whose PD is not current, it does not make sense to pay extra for premium processing.
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wandmaker
10-22 10:23 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".
If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.
More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".
If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.
More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)
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fall1998
05-13 04:17 PM
Thanks! It seems only a small portion of applicants who are current are pending (only a handful have updated), so it looks like USCIS is working really hard.
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malibuguy007
10-01 07:49 PM
Please help with the contribution drive
http://immigrationvoice.org/forum/showthread.php?t=21817
http://immigrationvoice.org/forum/showthread.php?t=21817
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ksurjan
07-23 03:23 PM
yellow :D
Next will be : What was the color of your envelope ? ..LOL C'mon people . :D :D
Next will be : What was the color of your envelope ? ..LOL C'mon people . :D :D
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manderson
12-29 07:56 PM
have you tried filing a FOIA (freedom of information act) request to obtain the 140? i don't know how well u have researched this, but u should talk to a good lawyer.
Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.
Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.
more...
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ras
10-27 07:18 PM
I had started this thread some time back. And I thought to return back and update you guys what happened.
I called up the USCIS and changed the address about 4 days back.
They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.
But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.
So finally it ended up that I got my reciept notice before my travel. I am relaxed now.
Lesson:
Update USCIS as soon as you change the address.
I called up the USCIS and changed the address about 4 days back.
They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.
But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.
So finally it ended up that I got my reciept notice before my travel. I am relaxed now.
Lesson:
Update USCIS as soon as you change the address.
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mrsahaayam
09-02 01:10 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
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unknown123
10-24 11:28 AM
I claimed my parents as dependents. You only need ITIN and have to do paper filing first time....
krishnam70
07-05 04:16 PM
Eom
gctex
07-02 08:42 AM
Thanx. But I didn't quite clearly get that. You mean, we need to fill the forms with :
<blank> for given_name as in passport or,
<FNU> for given_name as in visa stamp or,
<First_name> for given_name the way we want ?.
Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.
Thanx again.
-Gctex
<blank> for given_name as in passport or,
<FNU> for given_name as in visa stamp or,
<First_name> for given_name the way we want ?.
Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.
Thanx again.
-Gctex