GCeffect
02-09 05:22 AM
Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
pranju
08-03 10:18 PM
exactly then y people from july 2 are not still getting their reciept notices
nrk
06-09 04:11 PM
Please delete
EB3_SEP04
01-28 09:21 PM
I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?
485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:
485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:
more...
newyorker123
09-28 03:21 PM
How long did it take for you after filing the FOIA to get the concerned documents ?
Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.
But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).
Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.
But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).
omved
10-02 02:25 AM
Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..
Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..
Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..
Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)
Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2
All the best to you all...
Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..
Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..
Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)
Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2
All the best to you all...
more...
abheja
08-25 10:47 PM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
immigration1234
07-14 10:24 AM
We have travelled in mid May '09 from via Frankfurt on AP and we did not have any problems.
more...
Bpositive
03-05 08:13 AM
My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
nonimmi
07-02 10:03 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born legal??
Some of have that doubt. Can you clarify please?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born legal??
Some of have that doubt. Can you clarify please?
more...
skp71
03-23 10:41 PM
But in this PDF doc. it says, "Specter and Frist Immigration Proposals May Increase EB Backlogs".
http://www.immigrationvoice.org/media/immigrationvoice_memo_hard_country_quota.pdf
http://www.immigrationvoice.org/media/immigrationvoice_memo_hard_country_quota.pdf
ca_immigrant
05-14 11:40 AM
So, this so called nice card...how does it come?
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
more...
geesee_99
12-14 11:19 AM
No, My own PERM. My Own RIR too
LostInGCProcess
11-06 02:47 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
more...
amsgc
11-26 01:34 AM
Cygnet,
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
moclutch
03-06 01:23 AM
Thanks to all the well wishers and a hopes for a speedy completion for all those still on the journey!
more...
Carl2k
11-03 01:34 AM
Im interested. Need time to fill up. Pulling my hair out with all this free time of mine.
coopheal
12-02 03:34 PM
Bump
prabasiodia
08-07 08:55 AM
Issued in public interest
Ever since Department of State (DOS) has issued visa bulletins having significant progression of something, what is known as a priority date in certain categories, COLTS has made a comeback to the immigrant community.
For the uninitiated, COLTS stands for Compulsive Obsessive LUD Tracking Syndrome. Surprisingly, it is somehow associated with DOS's monthly visa bulletin and often lags the bulletin by 15-20days after the issuance of the same. It's highly contagious. The only antidote to COLTS known to the humankind is CPO, Welcome or other such emails from USCIS. It doesn't go into full remission until a physical GC is to the sufferer's hands. COLTS as a epidemic generally subsides when DOS severely retrogresses what is known as a priority date but raises its ugly head when the same progresses again.
The symptoms of COLTS is several. The sufferer is often seen logging to the USCIS.GOV site with increasing frequency and making status searches every few minutes. It raises the level of angst when the antidote (as explained earlier) is not received. Sometimes it proves to be a predecessor to other syndromes such as CUPOJMS (Calling USCIS by Prince Of Justice Method Syndrome) , OSRS (Opening Service Request Syndrome), TIAS (Taking Infopass Appointment Syndrome) and CYCS (Contact Your Congressman Syndrome). The good news is, the antidote can correct all these syndromes at once.
Immigrants from ROW (Rest Of World) seem to be immune from it. But immigrants from highly subscribed countries such as India and China have been found to be particularly susceptible.
The last time this epidemic was of such ghastly proportions was in 2008 and that time too, it was known to lag the DOS visa bulletin which had significantly progressed the priority dates. Since the connection between the bulletin and the syndrome has already been proved beyond doubt, it's very surprising that DOS has not learnt its lessons and instead of slowly progressing the dates which will desensitize the sufferers, it is still progressing or retrogressing the dates by months, sometime by years.
Your truly has the fast hand experience of suffering from the syndrome. Being abused and victimized by the visa system in early immigranthood, he developed the syndrome with the issuance of August 2010 visa bulletin. Only after the antidote arrived on August 3rd, did he made a sound recovery and was able to pen this.
The immigrant community is advised to keep it under check and wait till the antidote arrives from USCIS.
Ever since Department of State (DOS) has issued visa bulletins having significant progression of something, what is known as a priority date in certain categories, COLTS has made a comeback to the immigrant community.
For the uninitiated, COLTS stands for Compulsive Obsessive LUD Tracking Syndrome. Surprisingly, it is somehow associated with DOS's monthly visa bulletin and often lags the bulletin by 15-20days after the issuance of the same. It's highly contagious. The only antidote to COLTS known to the humankind is CPO, Welcome or other such emails from USCIS. It doesn't go into full remission until a physical GC is to the sufferer's hands. COLTS as a epidemic generally subsides when DOS severely retrogresses what is known as a priority date but raises its ugly head when the same progresses again.
The symptoms of COLTS is several. The sufferer is often seen logging to the USCIS.GOV site with increasing frequency and making status searches every few minutes. It raises the level of angst when the antidote (as explained earlier) is not received. Sometimes it proves to be a predecessor to other syndromes such as CUPOJMS (Calling USCIS by Prince Of Justice Method Syndrome) , OSRS (Opening Service Request Syndrome), TIAS (Taking Infopass Appointment Syndrome) and CYCS (Contact Your Congressman Syndrome). The good news is, the antidote can correct all these syndromes at once.
Immigrants from ROW (Rest Of World) seem to be immune from it. But immigrants from highly subscribed countries such as India and China have been found to be particularly susceptible.
The last time this epidemic was of such ghastly proportions was in 2008 and that time too, it was known to lag the DOS visa bulletin which had significantly progressed the priority dates. Since the connection between the bulletin and the syndrome has already been proved beyond doubt, it's very surprising that DOS has not learnt its lessons and instead of slowly progressing the dates which will desensitize the sufferers, it is still progressing or retrogressing the dates by months, sometime by years.
Your truly has the fast hand experience of suffering from the syndrome. Being abused and victimized by the visa system in early immigranthood, he developed the syndrome with the issuance of August 2010 visa bulletin. Only after the antidote arrived on August 3rd, did he made a sound recovery and was able to pen this.
The immigrant community is advised to keep it under check and wait till the antidote arrives from USCIS.
katakamk
02-07 09:55 PM
Hi Kapil,
what is your priority date & category (EB2 or EB3)? when did you apply I485?
with regards,
EB3 - 2003 PD
what is your priority date & category (EB2 or EB3)? when did you apply I485?
with regards,
EB3 - 2003 PD
overseas
08-20 08:54 AM
Hi gcdreamer05,
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
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