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  • krishnam70
    05-05 01:47 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.



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  • ItIsNotFunny
    03-26 01:33 PM
    No, if you had H1 before (in 6 years) you are not subject to cap.

    If you don't have 1 year gap. otherwise you are subjected to.

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  • H1bTechieLA
    03-13 04:14 PM
    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till these people understand what they are doing ??

    Pls take a moment to reply

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  • chris
    07-08 03:35 PM
    Why the lawyer need some information from your wife ? ( she no need to apply any thing , since your GC is approved ).

    I think best way to tralk to HR dept in your wifes company and explain them. that you will get GC soon. If they need some proof show them approval email .

    If they ask to fill i9 form show the EAD as proof for employment eligibility.

    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?


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  • anilsal
    08-24 09:50 AM
    It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.

    On a lighter side, sipping tea is good

    There is a good news for an ardent Tea drinker in me (the only good news happening. :) )

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  • ras
    06-06 02:29 PM
    Are there any specific links for complaining to these agencies?


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  • 24fps
    02-23 11:05 PM
    hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.

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  • axp817
    03-28 01:46 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

    An easy way to figure this out is as follows

    1. You have to file state tax returns in the state of your residence.

    2. You have to file state tax returns in state of employment (where your employer is) IF
    the employer withheld taxes (for that state) from your paycheck. Technically, they
    shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
    returns is if they amend the W-2 and give you a new one without the tax withheld.

    3. You have to file state tax returns in the state where you perform work on your
    employer's behalf (this applies mostly to consulting scenarios where an employee is
    deployed on assignments across the country and the only time you don't have to file
    taxes in the third situation is when the work performed was for a short period of time
    (less than a certain number of months, I am not sure exactly how many, but I think it is
    9 or 10 months).

    In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

    One of the exceptions is states which don't have state income tax, e.g. Texas.

    Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

    e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

    That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

    OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

    Good luck,


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  • hivicks
    04-07 09:48 AM
    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?


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  • jsb
    10-31 03:08 PM
    Besides calling USCIS at the number given above, you might want to raise this issue in the Ombudsman's conference call on Friday. Receiping Delays is already an agenda item. Details are as below:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    Email your concerns/questions in advance, to:

    I attended last call, which was very helpful.


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  • indianindian2006
    07-23 12:22 PM
    July 02 11am

    Signed by Clark Uhrmarcher

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  • smartboy75
    07-17 06:29 PM
    Get back to you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..


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  • vasa
    05-25 07:44 AM

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  • alterego
    09-15 01:32 PM
    Clearly they felt putting EB2 india PD at Jan 2003 created too much of a flow. So they made it unavailable for a while then backed up 6 months with this new quota.
    My view is with the coming deluge of Labours from the BECs and the promised pick up in the pace of 140 adjudications, those of us in EB2 will be very lucky if we see a month for month movement in priority dates. I suspect you could count yourself lucky if you get to file for 485 in this fiscal year.
    EB india's situation is truly that bad. The bulge in applications in 2002-2005 is so huge that I feel that absent legislation the dates may move at best 4 months per year for the next few years.
    Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
    It is a truly daunting situation.
    I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.


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  • DSLStart
    10-02 11:43 AM
    sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
    But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.

    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!

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  • stuckinretro
    02-26 10:21 AM
    You can contact either of the 2 senators of your state. But need to contact representative corresponding to your district.

    But understand that, just because you contact a congressman doesn't mean you miraculously would get your GC. its going to be a long process. Add 3-4 months from the day you contact if the congressional liaison pulls your case for review. If there is a problem with your case they would inform you about it after they review. Note congressman's office cannot tell a federal agency(CIS) what they need to do, they can only inquire on your behalf whats causing the delay. Nothing to do with who is how much powerful.

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.


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  • diptam
    08-13 11:18 AM
    Thanks for the update - Lets give them 1 more week for clearing July 2nd.
    They are human beings too like us.

    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?


    Here is the update we were expecting to see on Aug 10th and now available (be first one to see):

    I-140(8/3) I-485(8/3)
    NSC 7/1 7/1
    TSC 7/30 6/26

    I-140(8/10) I-485(8/10)
    NSC 7/1 7/1
    TSC 7/31 6/28

    NSC no progress at all
    TSC 1day for I-140 & 2days fro I-485

    PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....

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  • immigration
    03-12 09:22 AM
    MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.

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  • desi3933
    08-06 12:53 PM
    I have 3 years degree (15 year education). I am not sure if I can file on EB2.
    You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.


    No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree

    Please refer to similar case vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    US Permanent Resident since 2002

    10-20 01:27 PM
    4th grader at USCIS decides the future of highly educated people! What a "JOKE".

    Munna Bhai
    01-08 03:25 PM
    How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!

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