mhkumar
07-22 10:03 AM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
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santosh08872
02-24 07:30 AM
Hi,
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
priderock
06-15 12:49 PM
How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)
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nvmurali
06-02 04:39 PM
You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
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gsvisu
07-17 05:54 PM
Thanks & Contribute... This is only the beginning.
Miles to go before we sleep !
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Miles to go before we sleep !
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
gctex
07-02 08:42 AM
Thanx. But I didn't quite clearly get that. You mean, we need to fill the forms with :
<blank> for given_name as in passport or,
<FNU> for given_name as in visa stamp or,
<First_name> for given_name the way we want ?.
Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.
Thanx again.
-Gctex
<blank> for given_name as in passport or,
<FNU> for given_name as in visa stamp or,
<First_name> for given_name the way we want ?.
Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.
Thanx again.
-Gctex
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shx
07-17 12:13 PM
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eb3_nepa
02-19 12:03 PM
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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raysaikat
09-05 05:00 PM
What is the reason your university cited for their position that you might be violating J status? Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status. On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
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GCFROMOHIO
05-04 11:03 PM
Thank's a lot for the information.....
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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..!
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harrydr
10-05 10:49 AM
This is really what Obama's advisors should read. Employers cannot find qualified employees to even fill these great job openings (with unemployment rate nearing 10%). America is loosing already and will keep on loosing if immigrant workers do not take up these jobs to keep US competitive.
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
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ps57002
10-19 10:40 AM
I replied to your case on too.
This is what uscis faq says
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible
So it's possible your case hasn't been inputted yet.
My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.
Jai mata di
This is what uscis faq says
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible
So it's possible your case hasn't been inputted yet.
My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.
Jai mata di
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GreenCard_Soon
05-25 01:44 PM
Just sent the fax.
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gg_ny
09-10 10:21 AM
My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.
There are a few key lessons:
1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.
What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
There are a few key lessons:
1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.
What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
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ngopikrishnan
06-07 10:13 PM
Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
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ultimo
10-18 12:45 PM
Hi:
I filed on July 23, I-140 and 485 concurrent.
I got EAD on 5th Oct.
I had fingerpring done on OCT12.
Whne Fingerprinting was done, with 2 of my fingers, it gave message
Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
Does it mean it matches with some kind of FBI database and Do I need to worry about it?
Please help gurus. I have lost my sleep.
Thanks
is there any LUD update on ur i485
I filed on July 23, I-140 and 485 concurrent.
I got EAD on 5th Oct.
I had fingerpring done on OCT12.
Whne Fingerprinting was done, with 2 of my fingers, it gave message
Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
Does it mean it matches with some kind of FBI database and Do I need to worry about it?
Please help gurus. I have lost my sleep.
Thanks
is there any LUD update on ur i485
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sachug22
07-16 01:51 PM
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
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solaris27
08-06 06:22 PM
congrats
GreeNever
07-07 12:56 PM
Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?
sukhwinderd
10-18 02:28 PM
even i saw red warning message appear on the screen for 2 of my fingers.
once i submitted finger prints to FBI for australian immigration. could be because of that.
once i submitted finger prints to FBI for australian immigration. could be because of that.
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