waiting_4_gc
03-28 06:33 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
indianabacklog
07-27 09:40 AM
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
meridiani.planum
07-11 04:05 AM
In case his I-140 was approved then there are no problems for this scenario right?
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
newuser
10-05 10:50 AM
Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.
Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.
Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.
more...
jonty_11
07-25 12:30 PM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
yes u need all documents...
Look again..and u will find link to this discussion on the HOME PAGE..
I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
yes u need all documents...
Look again..and u will find link to this discussion on the HOME PAGE..
I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132
thakgaya
03-29 08:30 PM
I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
more...
eyeinfinitude
10-09 07:30 AM
Dessoya gets my vote, I like the morbid approach.
rajeshalex
03-14 09:15 PM
Hi All,
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
more...
gomirage
05-28 05:19 PM
If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
supers789
06-19 09:04 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
more...
DSLStart
10-02 09:07 AM
He better shut up and not make fun of Indian accent. George Allen an senior senator from VA had to face defeat last election over his macaca comments.
anurakt
12-19 10:26 PM
Tristate chapter meeting
CT state chapter invites its CT members and members in
NY and NJ areas to attend the chapter meeting this
Sunday 24 Dec, 11 AM in Stamford, CT mall.
We would like to meet and discuss our agenda and
action items.
Venue- Stamford Mall central area. (there are steps,
piano and christmas decorations). You can easily find
it. 100 Greyrock Place Stamford, CT 06901
Directions:
http://www.shopstamfordtowncenter.com/infodesk/directions.html
It is also accessable by trian from New York city. You
can take the metro north train to Stamford. It takes
40 minutes by train from NYC Grand Central Station.
Date and Time: 11 AM, sunday 24 Dec.
Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.
Several CT and NJ members have already told us they
are attending. It will be great to meet everyone. I
look forward to seeing you there.
Anurakt
CT state chapter invites its CT members and members in
NY and NJ areas to attend the chapter meeting this
Sunday 24 Dec, 11 AM in Stamford, CT mall.
We would like to meet and discuss our agenda and
action items.
Venue- Stamford Mall central area. (there are steps,
piano and christmas decorations). You can easily find
it. 100 Greyrock Place Stamford, CT 06901
Directions:
http://www.shopstamfordtowncenter.com/infodesk/directions.html
It is also accessable by trian from New York city. You
can take the metro north train to Stamford. It takes
40 minutes by train from NYC Grand Central Station.
Date and Time: 11 AM, sunday 24 Dec.
Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.
Several CT and NJ members have already told us they
are attending. It will be great to meet everyone. I
look forward to seeing you there.
Anurakt
more...
shana04
04-24 11:25 AM
Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
I wish you good luck in all your future endeavours. Good bless you and your family.
Pray for all.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
I wish you good luck in all your future endeavours. Good bless you and your family.
Pray for all.
wellwishergc
07-13 02:19 PM
got it, sonu. Thanks; clear as water now!
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
more...
gc140
10-23 10:58 AM
Thanks a lot Ragunath. You saved my $1150. Sheila was asking $1150 for processing.
If you don�t mind will you please share your case?
How did you proceed further after denial?
Thanks again.
If you don�t mind will you please share your case?
How did you proceed further after denial?
Thanks again.
gc_bulgaria
10-12 12:20 PM
I am planning for my visa in Jan at Mumbai consulate. I do not have any relatives in either mumbai/pune who can submit my documents 3 days before the appointment.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
You can mail your's. make sure its registered /fed ex receipt and send them a followup email to check if they received it.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
You can mail your's. make sure its registered /fed ex receipt and send them a followup email to check if they received it.
more...
iman.karta
04-15 05:33 PM
Dear Sir/Ma'am,
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
Sunx_2004
10-05 02:28 PM
bumping it up
fatjoe
09-05 10:28 AM
Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.
visves
12-20 12:03 PM
I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
saimrathi
07-09 12:46 PM
PLease post the link..
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
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