Gator
04-09 11:38 PM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
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samrat_bhargava_vihari
02-12 09:58 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
kirupa
04-24 09:56 PM
The new ones do look much better! I really like your 2nd New one :)
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dixie
05-19 06:10 PM
I doubt we can threaten to get sanctions passed on Exceed .. i dont think we have the political clout for that. All we can do for now is plead, reason and educate senators of the unfair treatment we get from the broken immigration system. If our membership keeps growing to a point where we represent most of the affected legal immigrants at the mercy of USCIS (close to half a million), then its a different story, not to mention if we had the numbers and political clout of the illegals. Just my opinion.
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saps
01-08 07:06 PM
Most likely, I might be moving into a new apartment next month. My EAD and AP are due for filing for extensions. Is it really necessary to file EAD and AP renewals in continuity? Can I wait and file the renewals after I move and have the new address information? This means that I might not get the renewed EAD and AP before my previous ones expire. I am currenly on H1-B and have not used EAD and not planning to use EAD and AP in near future.
Any help is really appreciated.
Any help is really appreciated.
jennyucf
07-19 03:47 PM
Who is the chapter chair in the Indy area? Can we get the contact information?
Thanks! :)
Thanks! :)
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franklin
07-21 08:33 PM
I did a very similar thing.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
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desitechie
12-30 05:33 PM
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
You will get 3 years H1B extension since ur 140 is already approved.
I94 will come with the I797A approval.
This is what happened to me.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
You will get 3 years H1B extension since ur 140 is already approved.
I94 will come with the I797A approval.
This is what happened to me.
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ajkastar
07-27 11:40 AM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
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YesWeWillGet
09-13 06:45 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
more...
webm
05-31 11:51 AM
Hi,
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
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IntezarGCKA
02-17 11:32 AM
I am a new member of this org. I read about Immigration Voice on MSNBC and joined in.
This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.
I am happy to be a part of this.
This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.
I am happy to be a part of this.
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file485
12-06 11:16 AM
Hello ..
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
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mhathi
06-19 04:43 PM
1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??
It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.
Hope this helps.
It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.
Hope this helps.
more...
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bsbawa10
09-07 06:32 PM
And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
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john2255
07-21 08:32 AM
What you should do immediately.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],
COSPONSORS(6):
Sen Enzi, Michael B. [WY]
Sen Gregg, Judd [NH]
Sen Smith, Gordon H. [OR]
Sen Sununu, John E. [NH]
Sen Coleman, Norm [MN]
Sen Voinovich, George V. [OH]
If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Grouped by Home State
Alabama: (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],
COSPONSORS(6):
Sen Enzi, Michael B. [WY]
Sen Gregg, Judd [NH]
Sen Smith, Gordon H. [OR]
Sen Sununu, John E. [NH]
Sen Coleman, Norm [MN]
Sen Voinovich, George V. [OH]
If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).
http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266
Grouped by Home State
Alabama: (R-AL), Nay Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea
more...
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jonty_11
02-05 02:43 PM
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
OK thx for the info.
OK thx for the info.
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z029556
08-14 03:06 PM
Hi Sydeajmal,
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
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sameet
06-26 04:48 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
nashim
08-07 11:51 AM
Good job, people can laugh by this post in a busy work schedule.
gc28262
07-30 12:36 PM
Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.
Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.
Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.
Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.
Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.
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