indyanguy
06-18 02:22 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
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maddipati1
07-30 02:02 PM
USCIS updated today (07/30/07), the form 765 and instructions corresponding to 765
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
nolud
02-11 03:33 PM
I received a letter from uscis/DHS on Jan 28.
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
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sk.aggarwal
03-24 11:36 AM
My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.
more...
vin13
03-09 12:30 PM
I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?
Yes, you can run a business on EAD.
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
Yes, you can run a business on EAD.
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
inspectorfox
08-04 10:45 PM
Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!
WOW... It's hard for me to believe this. I think it's all your good karma.
I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.
User: InspectorFox
Labor Filing Date: 10 Oct 2005
Service Center: Texas
Processing Type: premium
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006 RFE: yes
RFE Reply Date: 06 Feb 2007 I-140 Status: pending
Nationality: India
LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
STRUCK BY SECURITY CHECK -
WOW... It's hard for me to believe this. I think it's all your good karma.
I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.
User: InspectorFox
Labor Filing Date: 10 Oct 2005
Service Center: Texas
Processing Type: premium
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006 RFE: yes
RFE Reply Date: 06 Feb 2007 I-140 Status: pending
Nationality: India
LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
STRUCK BY SECURITY CHECK -
more...
new2H1&GC
12-30 03:14 PM
Hello all,
Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.
Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
Or is it enought to send the online application, passport, photo and AP originals?
Is there anyway to do everything in person, including handing over documents?
Also, it would be great if you could let me know how long it took to get the visa and your documents back!
Any help is GREATLY appreciated!
Thank you all very much !
Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.
Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
Or is it enought to send the online application, passport, photo and AP originals?
Is there anyway to do everything in person, including handing over documents?
Also, it would be great if you could let me know how long it took to get the visa and your documents back!
Any help is GREATLY appreciated!
Thank you all very much !
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boreal
09-02 04:39 PM
Below is the response I got today in email. For the "additional review" part should I be concerned
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
more...
logiclife
06-15 12:07 PM
How 'bout: Not filing because LCA is rotting in the basement of a BEC?
I have edited the poll to add that option. Literally.
I have edited the poll to add that option. Literally.
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pom
10-02 06:11 PM
Nice one, Flex. But I couldn't dowload the fla :*(
more...
saketkapur
04-17 10:36 AM
take infopass and try to take extension on I-94 if possible or an official USCIS letter stating the circumstances
also maybe flying west would be better over the pacific instead of atlantic....
also maybe flying west would be better over the pacific instead of atlantic....
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rsrikant
07-20 03:26 PM
my 140 also is e filed and i received receipt no. in email.
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
more...
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gcwait2007
10-11 07:22 PM
Any attorney involvement is there during the porting request ?
No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)
No Attorney involvement. Letter to USCIS was drafted by our company paralegal (who is my friend), I signed and sent the letter with enclosures (copy of my I-140 approvals and pending I-485 application receipt notice)
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Hewa
06-08 10:33 AM
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
more...
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sanju
11-10 09:13 PM
Its only Mahabharat - people started forgetting Ramayan & Mahabharat.
Big deal!
If Bush can be the Hanuman, McCain can be Narad Muni and Palin the Surpanakha, then whats the difference between Ramayan & Mahabharat.
.
Big deal!
If Bush can be the Hanuman, McCain can be Narad Muni and Palin the Surpanakha, then whats the difference between Ramayan & Mahabharat.
.
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anilsal
11-28 09:57 AM
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(
more...
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
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vnsriv
10-10 04:24 PM
I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Accept the offer like I am planning to do. Job is most important.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Accept the offer like I am planning to do. Job is most important.
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gc_rip
06-18 01:22 PM
If I get EAD from my current employer and join new employer on EAD before 180 days after filing I-485.
Are there risks that my EAD be canceled before it's expiration date?
Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
I have already completed my 6 years on H1.
Thanks.
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
Are there risks that my EAD be canceled before it's expiration date?
Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
I have already completed my 6 years on H1.
Thanks.
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
GCSOON-Ihope
01-19 05:58 PM
To say the least, this is a very strange way of saying that...they just mailed you your Approval Notice! This is just my understanding.
Anyway, you should get something in the mail very soon: let us now what it is!
Anyway, you should get something in the mail very soon: let us now what it is!
burnt
05-28 02:13 PM
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
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