logiclife
06-21 06:25 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
tinuverma
11-09 10:18 PM
NKAVJS, thanks for the response.
I know what to do now
I know what to do now
hemasar
05-25 03:29 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.
I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.
daramesh
10-07 12:49 PM
there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
waitintoolong, but the question is
" "Are you applying for same visa class that expired in the last 12 months?"
he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?
my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)
can you or someone else confirm the answer? has anyone asked VFS/consulate about this?
thanks
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
waitintoolong, but the question is
" "Are you applying for same visa class that expired in the last 12 months?"
he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?
my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)
can you or someone else confirm the answer? has anyone asked VFS/consulate about this?
thanks
more...
seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
Phat7
10-08 04:49 AM
Originally posted by Coppertop
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
[Deniro voice] youuuuu, you... [/Deniro voice]:beam:
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
[Deniro voice] youuuuu, you... [/Deniro voice]:beam:
more...
wahwah
01-09 11:44 PM
i assume you're using cross-chargeability of your husband's country of birth.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
looneytunezez
04-24 01:58 PM
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
Thanks folks
LT.
why the red dot btw?
Thanks folks
LT.
why the red dot btw?
more...
vivache
11-08 01:27 AM
Hey Gurus. Any answers :)
richi121175
01-20 04:44 PM
Contributions is the need of the hour. Please help in contributions from other members. Thanks.
Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!
Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!
more...
GCBoy786
09-11 04:58 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
Guys, Please update if you hear more of similar cases.
cherupally
09-17 05:46 PM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.
Again this are grey areas.There are no concrete answers.
I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.
more...
cherupally
09-10 10:36 PM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
logiclife
09-28 09:56 PM
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.
It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.
Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".
What is so difficult about framing a short question and putting it as thread title?
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.
It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.
Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".
What is so difficult about framing a short question and putting it as thread title?
more...
snathan
01-13 04:28 PM
Hello folks -
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...
Ivyleaf
10-20 04:10 PM
right on i got a vote!
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
more...
sanjay
09-08 05:54 PM
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
@Sanjay
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
@Sanjay
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
siddhu98
04-26 03:17 PM
Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.
I just reliazed that I too missed the last entry date field and had already sent the supporting docs this morning.. (efiled on last Saturday).
Can you tell us what are docs that you sent to USCIS to correct missing "last entry date"?
1. Confirmation Page
2. Letter explaining the "Date of last entry" was missing and give the last entry date..
I just reliazed that I too missed the last entry date field and had already sent the supporting docs this morning.. (efiled on last Saturday).
Can you tell us what are docs that you sent to USCIS to correct missing "last entry date"?
1. Confirmation Page
2. Letter explaining the "Date of last entry" was missing and give the last entry date..
bharol
07-11 04:38 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
What is LUD?
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
What is LUD?
rajenk
02-11 12:56 PM
Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
waitingGC
03-21 10:58 AM
My wife will apply for H1 this April. I also have some questions:
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
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