Thursday, June 9, 2011

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  • s.m.srinivas
    04-03 08:30 PM
    Today I received denial notice from USCIS. The reason for denial is that "THE RFE RESPONSE WAS RECEIVED LATELY, HENCE DENIED". The last date for reception of RFE response was on 22nd March 2009 & They claim that they received it on 23rd March 2009. 22nd March was Sunday & more over we have proof from FEDEX deliver report that it was delivered by morning 10:30 AM on 20th March 2009.

    I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.

    We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.

    My attorney suggested the following:

    We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
    IF they don't in two weeks, we will appeal for the denial
    Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
    Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.


    Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME





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  • Blondygirl
    02-21 03:13 PM
    thank you everybody for your input! you have certainly helped me narrow down my searching!!!





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  • go_guy123
    03-12 09:42 PM
    My friend is in the I-140 stage of green card processing
    She needs to choose between Counselor Processing or I485

    Which one is better Counselor Processing or I485 ?

    Your feedback is greatly appreciated





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  • greencardfever
    12-11 01:37 PM
    Is it 6 months for both, EAD and AP or just EAD? If it's just EAD, then how soon can I renew my AP?



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  • Kumbakonam
    11-30 11:55 AM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K





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  • suresh.emails
    09-14 10:49 AM
    The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.

    1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?

    There is NO order; who should go first.

    Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.

    Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.

    2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?

    The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.

    As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.


    3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?

    In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).

    If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).

    US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.




    4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.

    You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.

    I believe it is US Consulate in Singapore (but not Singapore Embassy)

    Try to be genuine on providing information.

    It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.

    You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.

    Answer to the questions asked; don't be over smart and start answering questions.


    I wish you best of luck for your H1-B stamping.



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  • arrarrgee
    07-13 11:35 AM
    :p :p :p

    The details here
    Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.


    You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)





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  • syedajmal
    11-03 11:21 AM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents

    Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.

    HTH, good luck



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  • nrakkati
    08-15 12:28 PM
    Congrats and welcome to IV, hope you become an active member and contribute your efforts to IV.

    Sure...Just contributed $100, will do more in coming months.





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  • jayleno
    12-12 12:56 PM
    If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
    I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!



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  • gcformeornot
    08-16 02:35 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    Most of the companies have clear cut HR policy on who is covered who is not.
    No matter what HR member said they will follow HR policy.





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  • kate123
    09-24 02:01 PM
    excellent.. if this happens!!!!

    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.



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  • IN2US
    07-26 05:23 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.


    That is correct.





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  • qualified_trash
    08-30 09:33 AM
    you can travel until the Expiry date stamped on your Visa in your passport allows you to reenter.

    For example, if your visa expires on 15th March 2007, you better be here on 14th :-)) and when you leave after that, you will need to have the visa revalidated at a consulate/embassy, which, I think you are aware of based on your post.



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  • smuggymba
    07-28 02:26 PM
    Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.

    hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also





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  • Asian
    11-21 09:38 AM
    I am all for it. I know some members are bitter about this potential price hike but they can still choose not to, if they don't want to.

    Actually, time is money. We should not underestimate the time value of our waiting in terms of dollars. It would be still beneficial to get the GC sooner despite higher cost and find the better paid jobs without strings attached. Still many good companies are unwilling to hire h-1 b for various reasons. The time value I have lost in years of waiting is a lot more costly.

    As you all remember in economics, when the demand and supply doesn't meet and regulated with fixed price, there is a long line of waiting.

    As the legal process is stuck, many people are considering marriage with citizens, which is not an option for me. If not well thought of before making a decision, many will eventually divorce and the cost will be even more costly for the individuals and to the society.

    Sorry if that title is misleading.

    How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

    Don' worry about the available visa numbers. Just express your hunch feeling.

    Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

    I am hopefull of this happening next year.
    What about you?



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  • pointlesswait
    01-09 02:13 PM
    it will be a status quo! i will be surprised if it moves!!!





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  • cox
    April 3rd, 2005, 08:39 PM
    The filter is an excellent suggestion, Gary - I prefer to do things in-camera. I did not take later shots, so I can't sandwich them. The reds were extremely short lived, and clouds were moving in (and it was freezing), but I'll remember to get a couple of different exposures for next time.

    Thanks for the recommendation, QJ. I'll get out my map and find it.

    I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)





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  • tejonidhi
    11-27 01:24 PM
    Rajen,
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you





    gparr
    November 15th, 2007, 07:15 AM
    I reformat my cards every time I put them back in the camera, which is after every time I dump files into my computer. In other words, some of my older cards have probably been reformatted 1,000 times or more. I have never had a problem. Brands are Ridata and Sandisk (various models).

    I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.

    Gary





    GotGC??
    03-09 07:01 PM
    Just goes to show that reform is the only solution. There is no point waiting out for the Visa bulletins for the next 6-7 months...

    But someone was mentioning that unusedvisas for the current year is "released" in the 4th quarter (July-Sep). May be something would come out of that...

    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.



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