uslegals
11-11 10:32 AM
thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?
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gc4arun
08-23 03:09 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
axp817
06-15 05:00 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
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genscn
07-30 01:39 PM
Is it mention some where on USCIS website? I live in GA but since I-140 was filed at Nebraska center, My attorney sent my I-1485 at Nebraska too.
Yes
Yes
more...
gcdreamer05
10-02 01:47 PM
I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.
Thanks
RFE one pending 485 or RFE on what, please clarify...
Thanks
RFE one pending 485 or RFE on what, please clarify...
crystal
07-07 10:31 PM
Why you are spamming all the thread with the same message. We already have two thread for this video Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
more...
wandmaker
12-05 11:16 PM
I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171
My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171
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snathan
07-27 11:44 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
more...
sledge_hammer
04-18 01:15 PM
RareRFEon485,
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
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coopheal
12-09 07:31 AM
Bump
more...
STAmisha
07-08 06:38 PM
I guess you can apply for 2 140's
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dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
more...
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shukla77
01-02 11:45 AM
Does anyone know why NSC is slow in the I140 processing that TSC? My I140 date is October 25'06 and I think I would have to get that converted into Premimum Processing if I dont get approval in next 2 months. I aksed my attorney but she has no clue about the realistic processing times.
Good Luck to all.
Shukla
Good Luck to all.
Shukla
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ski_dude12
04-17 01:29 AM
My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.
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ImmiLosers
12-23 09:11 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
What does that mean? Have you used AC21 or it is not necessary.
Secondly, what about the job description match up?
What does that mean? Have you used AC21 or it is not necessary.
Secondly, what about the job description match up?
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goel_ar
09-30 08:48 PM
My wife's H1 got approved & it is valid from October Ist. When she went to Social Security Office today 9/30 - they denied saying they can't pull up her information in their system (from INS) & hence they can't issue the SSN.
She was carrying her I-797 approval (along with I-94).
Anyone else faced a similar situation ? Any suggestions.
She was carrying her I-797 approval (along with I-94).
Anyone else faced a similar situation ? Any suggestions.
more...
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radhay
08-05 11:50 AM
Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.
You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
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techbuyer77
06-12 05:27 PM
i am currently legally working with the new employer.
My queston is how likely is to get approved before 180 days
My queston is how likely is to get approved before 180 days
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sk76012w
07-04 10:23 AM
Rayyan,
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
kirupa
04-24 09:56 PM
The new ones do look much better! I really like your 2nd New one :)
cooldudesfo
09-11 04:19 PM
http://www.murthy.com/news/n_begbis.html