rajkumar_engg
03-12 02:27 PM
Hi,
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
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rongha_2000
04-22 12:16 PM
Workvisaforall,
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
cdeneo
01-12 06:51 PM
I don't believe leaving the company that you had signed an I-9 form with have any impact on your GC app as long as you have a same or a similar job lined up if and when you do get an RFE regarding the same.
As mentioned several times, GC is for future employment and you can switch employers as many times as you want under AC21 (of course you don't want to go overboard with switching employers every few months either :)).
I hope this helps - again this is my understanding of the law and not a legal opinion.
Does the I9 form that we sign with our company have any impact on our 485 processing if we leave the company using AC21.
Thank you.
As mentioned several times, GC is for future employment and you can switch employers as many times as you want under AC21 (of course you don't want to go overboard with switching employers every few months either :)).
I hope this helps - again this is my understanding of the law and not a legal opinion.
Does the I9 form that we sign with our company have any impact on our 485 processing if we leave the company using AC21.
Thank you.
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Digitalosophy
09-18 08:00 PM
moved
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gcseeker2002
11-09 04:11 PM
I am july 2nd filer , received by R.Williams at NSC and still dont have EAD so I took infopass appointment as my case status still shows pending. I did fingerprints about 2.5 months back. I was told in the infopass that my case is still pending so if i do another set of fingerprints, my case would come up to grab attention of the staff at NSC. So, they did fingerprinting again and lo, i saw 2 luds on the 765 yesterday and today , am I really going to get EAD soon or did the infopass uscis guys just fool me and take the fp just to pretend they did something on my case, anybody else faced this, pls respond.
trexx7
07-27 10:36 AM
I have my I-140 approved from Company A(Future Emp) PD 2002 and 485 PENDING . Since Visa category is current.
My current company B is asking me to apply for I-485 PD 2005 and withdraw 485 from Company A. Since PD of
Company A is 2002. I dont want to loose the opportunity. Should I join Company A/ Stick with Compamy B.
Gurus Please advice..
My current company B is asking me to apply for I-485 PD 2005 and withdraw 485 from Company A. Since PD of
Company A is 2002. I dont want to loose the opportunity. Should I join Company A/ Stick with Compamy B.
Gurus Please advice..
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gc_check
11-19 12:39 PM
Does anyone know if there would be some kind of record about
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
Well, Not sure on this, I'm just guessing there should definitely be a process for the IIO to logs the converse/update somewhere for a cases he is attending too and it will be available for other IO's too, if you have any followup's and call again.
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
Well, Not sure on this, I'm just guessing there should definitely be a process for the IIO to logs the converse/update somewhere for a cases he is attending too and it will be available for other IO's too, if you have any followup's and call again.
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radhagd
04-11 02:23 PM
Hi,
I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.
My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?
yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.
Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!
radhagd
I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.
My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?
yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.
Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!
radhagd
more...
Spectrum381
03-26 09:07 AM
I got one more LUD for I-485
ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
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ravageguy1
05-13 07:43 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
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mailmy_gc
03-02 07:24 PM
SDI is disability insurance you are mandated to insure during this kind of situations.
My wife is working on EAD. When we had baby (she had C-Section), she applied for SDI and she was paid. She asked her HR. HR mentioned SDI is nothing to do with immigration. Due to the company policy, We were forced to apply.
I know one of my friend who was benifitted with SDI and FMLA while he was on H1.
Thanks,
sr
My wife is working on EAD. When we had baby (she had C-Section), she applied for SDI and she was paid. She asked her HR. HR mentioned SDI is nothing to do with immigration. Due to the company policy, We were forced to apply.
I know one of my friend who was benifitted with SDI and FMLA while he was on H1.
Thanks,
sr
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augustus
06-25 09:07 AM
Can someone explain how the lawyer files I-485(Does she e-file? or mail it to USCIS?) and how we know about it? How long does it take to know you have filed it? and how do we know about it?
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H1Girl
12-30 02:34 PM
Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...
a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
b) If Yes, will I get 1 Year or 3 Years?
Thanks for your help...
a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
b) If Yes, will I get 1 Year or 3 Years?
Thanks for your help...
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wandmaker
06-23 10:09 AM
You will say 'YES' for yourself and 'NO' for your dependents. Immigration petition is nothing but I-140, if any of your family members have filed I-140 then answer would be 'YES'
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immm
01-10 01:33 PM
Hello friends,
I filed for I-485 in mid-June 2007 but never received the receipt notice
(due to the issue described in this thread: http://immigrationvoice.org/forum/showthread.php?t=11788&highlight=undeliverable).
After months of calling USCIS (probably called at least 10-15 times over past 6 months) and having the lawyer send a written letter, I still did not receive the receipt notice as the customer service reps kept telling me that USCIS doesn't send a duplicate receipt notice.
When I saw that one of my friends who had the same issue received a "Replacement Receipt Notice" after calling them numerous times, I decided to call them again. I was able to convince one of the reps to put in a service request requesting "resend whatever was returned to USCIS as undeliverable".
I finally received a letter from USCIS that they will resend the receipt notice but it has been a few weeks since then and I still have not received the promised receipt notice.
Now I need to file for EAD ASAP but it requires you to attach the receipt notice (Notice of Action I-797C or I-797??).
(lawyer didn't file for EAD with I-485 as I have H1)
So my question is:
Can I use the Biometric appointment notice (ASC Appointment Notice I-797C) instead of I-485 Receipt Notice I-797 to file EAD form I-765 as a proof that I filed I-485 ?
What are the odds that they will send my EAD application back saying that I need the actual I-485 receipt notice?
What are my options?
Thanks in advance!
PD: Mar 2002
EB3, India
I-485 Reached Nebraska - June 15th, 2007.
I filed for I-485 in mid-June 2007 but never received the receipt notice
(due to the issue described in this thread: http://immigrationvoice.org/forum/showthread.php?t=11788&highlight=undeliverable).
After months of calling USCIS (probably called at least 10-15 times over past 6 months) and having the lawyer send a written letter, I still did not receive the receipt notice as the customer service reps kept telling me that USCIS doesn't send a duplicate receipt notice.
When I saw that one of my friends who had the same issue received a "Replacement Receipt Notice" after calling them numerous times, I decided to call them again. I was able to convince one of the reps to put in a service request requesting "resend whatever was returned to USCIS as undeliverable".
I finally received a letter from USCIS that they will resend the receipt notice but it has been a few weeks since then and I still have not received the promised receipt notice.
Now I need to file for EAD ASAP but it requires you to attach the receipt notice (Notice of Action I-797C or I-797??).
(lawyer didn't file for EAD with I-485 as I have H1)
So my question is:
Can I use the Biometric appointment notice (ASC Appointment Notice I-797C) instead of I-485 Receipt Notice I-797 to file EAD form I-765 as a proof that I filed I-485 ?
What are the odds that they will send my EAD application back saying that I need the actual I-485 receipt notice?
What are my options?
Thanks in advance!
PD: Mar 2002
EB3, India
I-485 Reached Nebraska - June 15th, 2007.
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samcam
09-16 12:03 PM
^^^^
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cherylfoster
12-27 03:15 PM
If you wish to travel to England to travel to another destination without going through the Danish border and you have no right to carry in the UK without a visa, you need a direct airside transit visa, unless exemptions they direct airside transit visa. If you are a visa national and you pass through immigration control because you stop in the United Kingdom for over 24 hours you should use a visitor in transit visa.
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asanghi
02-06 01:05 PM
Strange but its true.. Height of stupidity. Read the story below:
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
As a home buyer or even as an owner you should be aware of this. But I am a bit puzzled by this story. Usually the title insurance that you get at the time of buying home is supposed to cover any such issues. In this case may be they did not get title insurance or their title insurance didn't cover enough amount.
Also as a home owner, if you get some work/improvements done at your home by a contractor make sure you get a signed declaration from him every time you pay him. The declaration should say that he has paid all his workers their dues and that he will be responsible for any payment disputes arising later if any.
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
As a home buyer or even as an owner you should be aware of this. But I am a bit puzzled by this story. Usually the title insurance that you get at the time of buying home is supposed to cover any such issues. In this case may be they did not get title insurance or their title insurance didn't cover enough amount.
Also as a home owner, if you get some work/improvements done at your home by a contractor make sure you get a signed declaration from him every time you pay him. The declaration should say that he has paid all his workers their dues and that he will be responsible for any payment disputes arising later if any.
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ashrock11
06-17 10:04 AM
Hi,
Where do I find the A#?
Should I take the I-94# from the H1B approval notice or the actual I-94 given at the port of entry?
Thanks
Where do I find the A#?
Should I take the I-94# from the H1B approval notice or the actual I-94 given at the port of entry?
Thanks
Humhongekamyab
02-19 03:57 PM
Dear All,
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Please be more specific. What kind or audit - DOL, IRS, US CIS?
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Please be more specific. What kind or audit - DOL, IRS, US CIS?
needhelp!
09-30 06:19 PM
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