meridiani.planum
05-05 12:26 AM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
Also what docs should be send after efiling, if any?
rejected. Meaning they will return it with your filing fees:
http://www.immigration-law.com/Archive%20XVI.html
02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD
* We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees
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anilvt
08-10 05:15 PM
count me too
WaldenPond
01-23 07:49 PM
In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.
Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.
Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm
If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.
It is the right of all to petition congress and tell the lawmakers about their grievances.
-WP
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.
Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.
Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm
If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.
It is the right of all to petition congress and tell the lawmakers about their grievances.
-WP
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pete
05-04 01:54 PM
I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
more...
cbpds
05-17 04:50 PM
how convenient, she didnt need to pay or wait for CIR.
Some people are only too powerful and influential that others
CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
Some people are only too powerful and influential that others
CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
eb2_mumbai
10-22 09:11 AM
If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
more...
Saralayar
09-02 10:50 AM
I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.
Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)
Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)
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sundarpn
04-30 07:05 PM
You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
more...
coopheal
12-02 11:13 AM
Just an idea without any real effort behind it is dreaming. That will not take us anywhere.
Therefore, everyone who have tossed around ideas at IV here is your chance to put some real effort to back your seriousness.
Contribute today and every month so some ideas get chance to be implemented.
Therefore, everyone who have tossed around ideas at IV here is your chance to put some real effort to back your seriousness.
Contribute today and every month so some ideas get chance to be implemented.
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seattleGC
02-24 08:28 PM
I totally agree. There has to be some way to differentiate else we will be stuck in another retrogression with a few millions people in line.
Hi Guys,
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
Hi Guys,
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
more...
Desertfox
11-11 07:27 PM
Ok, this applies to applicants who filed I-485 after 2007 fee increase, and those guys can renew their AP without any fee. From your profile its evident that you filed your I-485 before the fee increase and hence you are eligible for e-filing, and you will have to pay the required fee for your AP.
If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf
BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf
BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
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nousername
05-06 07:36 PM
update your profile first
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malibuguy007
07-17 12:36 AM
Very well written article indeed and quite balanced.
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pani_6
07-03 11:12 AM
EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
more...
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chmur
03-23 10:42 PM
H1B extension takes 2 months . You are 4 months out from your trip out of country.
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lskreddy
08-01 10:24 AM
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org
I sent you Matt's info.
pls send all contact info to info at immigrationvoice.org
I sent you Matt's info.
more...
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vandanaverdia
09-16 12:20 AM
bump
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komaragiri
08-09 11:22 AM
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
You can expect receipts by Aug 24th or during last week of Aug(Based on current trend at NSC)
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
You can expect receipts by Aug 24th or during last week of Aug(Based on current trend at NSC)
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eb2dec2005
10-01 07:57 PM
I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
ck2009
06-19 12:17 AM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
logiclife
02-27 08:11 PM
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
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