ram006
07-16 10:37 PM
Hi,
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
wallpaper For many parents, tattoo on
Ramba
08-07 08:31 PM
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
caydee
03-23 08:00 PM
PM your contact details. I am in the Bay Area. Let us discuss action plan!
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
2011 While some would see the words
humdesi
11-06 10:27 AM
Do you know why this rule was changed?
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
more...
tikka
05-30 08:51 PM
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
isthereawayout
02-22 11:46 AM
Its not exactly the same position. As you can see the requirements are slightly different.
more...
GC_Q
04-18 10:21 AM
Hello Prasadn,
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
2010 A word tattoo can be very
Berkeleybee
03-07 06:58 PM
Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.
Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?
Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?
more...
fatboysam
05-16 09:40 AM
I have couple of doubts whether i will be able to qualify or not, which i want to clairify.
Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
I do not see any option for a software engineer, Am i missing anything ?
Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)
Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
I do not see any option for a software engineer, Am i missing anything ?
Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)
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sk.aggarwal
03-25 03:17 PM
You need to go before filing labor in order to be eligible for one year extension.
I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.
I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.
more...
titu1972
11-07 01:11 PM
I have applied my I-131 through e-file. Immediately I got the receipt no(LIN##########).
Can anybody tell me what supporting document I need to send to NSC.
By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.
Can anybody tell me what supporting document I need to send to NSC.
By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.
hot phrase tattooed somewhere
EndlessWait
12-07 03:09 PM
databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.
its so weird, Oh USCIS have mercy on us. go IV
its so weird, Oh USCIS have mercy on us. go IV
more...
house Phrase tattoo on a pair of
pappu
06-05 11:43 AM
If you plan it right, you should not have problems.
- have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.
- have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.
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coolblues
08-25 10:55 PM
HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
more...
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LostInGCProcess
02-11 03:37 PM
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
:D That's funny!!! Man!!! I couldn't stop my laughter after reading this post.
Take it easy guys!!! :D
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
:D That's funny!!! Man!!! I couldn't stop my laughter after reading this post.
Take it easy guys!!! :D
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gimme_gc_asap
06-19 10:55 PM
Be cool my babies....
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
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kaisersose
07-27 02:48 PM
Thanks. I will ask my employer if they can provide me one.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
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njboy
01-18 01:38 PM
I didnt mean 485 denial even though the subject of post says so, I meant LCA denial, or 140 denial, but most of you are seeing from your own narrow perspective where you have EAD, and have i-140 approved and have already gone through labor cert. But what about people who are just starting the PERM process..? Comeon they are part of our community too..
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JunRN
07-18 08:11 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
saint_2010
08-13 11:31 AM
What makes you think in this Direction ?
nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!
nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!
piyu7444
03-26 02:58 PM
We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
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