GCeffect
01-29 04:16 PM
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
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Munna Bhai
01-09 12:44 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
-M
Sachin_Stock
05-11 02:16 PM
Its not fair to criticize USCIS specially just cuz you are frustrated. I believe they have lot bigger issues regarding the illegals, backlog in family-based , and not just employment-based.
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satishku_2000
08-23 10:01 PM
Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type
Memo accoring to murthy.com
http://www.murthy.com/news/n_restim.html
USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
Memo accoring to murthy.com
http://www.murthy.com/news/n_restim.html
USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
more...
aaaa4321
08-31 10:01 AM
Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?
hebbar77
11-23 08:10 PM
Do you mean we can send checks for $ accounts to be deposited into local rupees accounts in india? Does this work. Do you know how long it takes for them to get the money after each cheque deposit?
I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
more...
snathan
02-19 05:01 PM
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.
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wandmaker
08-06 11:27 AM
Case Details:
EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
Directly Filed at TSC, Checks cashed but did not receive physical receipt notice
Sequence of Emails:
08/06: CRIS Email, Notice mailed welcoming the new permanent resident
08/07: Soft LUD
08/09: Soft LUD
08/11: Welcome Notice Received via USPS, Post marked 08/08
08/13: CRIS Email, Card Mailed.
08/14: Soft LUD
08/14: Received Cards in the mail, envelope post marked 08/12
To Whom may have COLTS:
- Opened SR for receipt notice in Dec 07
- Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
- Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
- Applied for EAD renewal in 6/08, Received card on 7/08
- I-140 Soft LUD on 7/13/08
- No other LUDs, Direct case status change on 8/6/08
- Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.
EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
Directly Filed at TSC, Checks cashed but did not receive physical receipt notice
Sequence of Emails:
08/06: CRIS Email, Notice mailed welcoming the new permanent resident
08/07: Soft LUD
08/09: Soft LUD
08/11: Welcome Notice Received via USPS, Post marked 08/08
08/13: CRIS Email, Card Mailed.
08/14: Soft LUD
08/14: Received Cards in the mail, envelope post marked 08/12
To Whom may have COLTS:
- Opened SR for receipt notice in Dec 07
- Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
- Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
- Applied for EAD renewal in 6/08, Received card on 7/08
- I-140 Soft LUD on 7/13/08
- No other LUDs, Direct case status change on 8/6/08
- Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.
more...
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JunRN
05-16 03:28 PM
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
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svr_76
06-17 03:04 PM
I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
more...
gemini23
07-27 03:21 PM
thanks for all the answers.
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gk_2000
10-20 10:13 PM
he is leading his dem candidate by 30 points in one poll
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
more...
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vin13
04-09 02:48 PM
The employer has to make sure all their employees are legal. For that they may ask the employee to use EAD. they are not obligated to sponsor H1-B.
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saimrathi
08-10 03:30 PM
Source??
And please post in the media thread...
And please post in the media thread...
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DDash
07-24 08:28 AM
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
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pd052009
04-15 03:58 PM
I am in.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
After voting on the thread, could you
- Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�
-- This info will help to organize the next activity.
- Read this link. This has helpful details to reach out the fellow impacted members. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1845295-support-thread-for-i485-filing-w-o-curr-pd-initiative.html#post2243885
Happy to know that your friends are joining to get our relief.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
After voting on the thread, could you
- Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�
-- This info will help to organize the next activity.
- Read this link. This has helpful details to reach out the fellow impacted members. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1845295-support-thread-for-i485-filing-w-o-curr-pd-initiative.html#post2243885
Happy to know that your friends are joining to get our relief.
more...
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glus
05-31 12:52 PM
Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.
J
J
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chandra140
10-13 01:48 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
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coopheal
09-07 08:57 PM
Please remember its IV forum's policy that "All posts must be in English language. (http://immigrationvoice.org/wiki/index.php/IV_Wiki_Policy#Forum_Guidelines)".
No more discussion on language front please.
No more discussion on language front please.
sriramkalyan
09-15 03:44 PM
CIR does not help LEGALS .. its for people who broke US LAWs
We do not need CIR ..
We do not need CIR ..
eb3_nepa
10-02 12:33 PM
Hi,
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
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