jsb
10-29 11:36 AM
Friends,
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.
If it is your lawyer's fault, you can take appropriate action with him.
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.
If it is your lawyer's fault, you can take appropriate action with him.
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kalyan65
10-19 10:25 AM
my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
gcwanter
01-25 11:20 AM
if anything on Earth; the last place to go would be to Indian politicians.
am not inviting criticism but thats the way the indian system is built.
i agree and definitely believe more in the US system.
am not inviting criticism but thats the way the indian system is built.
i agree and definitely believe more in the US system.
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mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
more...
jaggu bhai
04-04 02:09 PM
when they say school starts from december 2011, f1 approval will be given around that date (i.e, 1 month before commencement of course), so even if u apply now, it will only help you to get prpared (in case if they ask for additional documents etc - most unlikely in ur case).
so gud luck
so gud luck
goel_ar
12-02 09:44 AM
nil.
WHAT ARE OUR CHANCES IN 2011?
WHAT ARE OUR CHANCES IN 2011?
more...
willigetgc?
10-11 09:18 AM
Stop watching for VB and start meeting with your Senators!
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adibhatla
10-09 04:18 PM
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FinalGC
09-16 12:57 PM
Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly
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cygent
07-02 04:43 PM
You cannot sue them for any of the above.
3) See (2)
kaisersose,
I see your point in 1) Ok, I will agree with that. My mistake.
But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.
Similar argument for 3) - They must be held accountable.
3) See (2)
kaisersose,
I see your point in 1) Ok, I will agree with that. My mistake.
But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.
Similar argument for 3) - They must be held accountable.
more...
GCwaitforever
03-24 02:32 PM
Nope. Unless it has some Technology concentration.
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msr999
08-14 07:30 PM
Sorry for the dumb question. My status changed today and it said " On August 14, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you". Does this mean my greencard approved?
Category: EB2
Priority Date: 11/15/2004
Receipt Date : 08/17/2007
Category: EB2
Priority Date: 11/15/2004
Receipt Date : 08/17/2007
more...
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EkAurAaya
10-19 10:03 AM
I don't have an A#? Where can i find that.
Should be on your EAD (alien #)
Should be on your EAD (alien #)
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bestin
06-18 08:49 PM
Hi
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
more...
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wonderlust
07-18 05:12 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
I posted this at the wrong spot initially. Sorry.
I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I posted this at the wrong spot initially. Sorry.
I made a mistake on the I485 form Part Three Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
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Administrator2
12-09 11:38 AM
Is there any hope for us...
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
more...
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txh1b
08-18 11:21 AM
Like it or not, AR11 is mandatory and it could even lead to deportation for violating the AR11 requirements. A fear of a RFE should not be the factor to stop filing AR11. File it and be safe.
485 RFEs are not very complicated from what I have seen unless you have something wrong with your filing, you have nothing to be afraid of.
485 RFEs are not very complicated from what I have seen unless you have something wrong with your filing, you have nothing to be afraid of.
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ganguteli
07-07 12:32 PM
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
You are such a good friend that you care about his immigration needs. ;)
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inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
gcnotfiledyet
02-28 01:52 PM
For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
WhatheHeck
07-12 01:33 PM
Thank you Dhirajs98 and Pappu.
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