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  • meridiani.planum
    03-31 09:06 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?

    Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...

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  • vbkris77
    04-13 09:03 PM
    I don't think child's country works.. Most of the guys would have been
    out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..

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  • texcan
    03-02 12:02 AM

    Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

    I already requested my ex-employer not to revoke my H1B.

    My questions are �

    1. How much time I will get to transfer my H1B ?
    2. What about my families H4 visa status ?
    3. If it is out of status issue , then what should me my immediate action ?

    Thanks in advance!

    There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.

    Now since you have already applied for transfer, it makes more sense to wait for result/approval.

    you family's h4 status is tied with your h1 status.

    IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.

    HTH and sorry to hear about layoff. Hope it will work out for you.

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  • Green.Tech
    04-17 12:19 PM
    My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.

    My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?


    IMHO, I don't think it matters. In the end, it is the IO's decision. There are no guarantees either way, and similarly there should not be an issue either way. Personally, I would want all three to be standing at one counter than at different counters.


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  • cooler
    12-16 10:01 AM
    This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.

    I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.

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  • ras
    04-03 01:16 AM
    The letter is dated as
    Date: Jan 8, 2008

    and it mentions at the end

    'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'

    so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.

    If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?

    The reasons for delay are financial adjustments.

    He is now going to send the tax returns for 2007 which has been asked.


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    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.

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  • madsat1234
    06-08 03:11 PM
    Hi Freedom2007,

    Can you please let me know your Interview Checklist..what they have asked for...



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  • mbawa2574
    07-12 02:47 PM
    It's election time guys- they are working on 2008 run. They will not like to come in lime light helping the immigrants. Clinton is the most crooked candidate in this run when it comes to Indians and India. See her voting record from last year or so.

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  • shivarajan
    04-04 03:06 PM
    Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.


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  • smiling08
    09-16 10:32 AM
    i only know the Premium Processing is taking 1000 and CIS will need to response within 15 days

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  • rsdang
    08-19 10:44 AM
    However I would not like to see socialization items on the home page... If we do go ahead with this suggestion I would suggest a seprate link from the hom page...

    I would not want to loose important messages in personal communication with other members...



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  • prom2
    10-25 05:26 PM
    I got the same response about AP (same RD), approved Oct 17, not received yet.

    Please let us know if you receive it. Good luck.

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  • bekugc
    04-08 06:07 PM
    EB3, PD = Apr 2003

    by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
    sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.


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  • Raj12
    02-05 05:25 PM
    I am in Alabama (near Huntsville)

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  • leenakamat
    08-15 02:15 PM
    You can file a DOL complaint, which could spell serious consequences for the employer. You could also file a wage claim with your state's employment development department to recover the wages you were owed.


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  • pappu
    08-22 08:06 PM
    I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..

    why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...

    Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....

    Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.

    We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.

    Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!

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  • gopi246
    03-20 12:29 PM
    Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

    Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.

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  • jcrajput
    07-21 03:51 PM
    We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?

    Can anyone please guide or help?
    Thank you so much.

    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.

    04-07 03:58 PM
    I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.


    PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.

    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help

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