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  • satyasaich
    03-16 12:45 PM
    expect an RFE in a month or two. Also fill in your profile to help others...


    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?





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  • number30
    04-16 11:44 AM
    My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.

    Couple of things you can try.

    1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.

    2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.

    Other option is Try to get from University. They will have the copy for the sure.





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  • eb3_nepa
    04-29 08:35 PM
    Where did you get this info? Could you please point out a reference that says so?

    Good point, is that really against the law?





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  • looivy
    05-21 10:31 AM
    Hi All,

    Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.

    What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.

    Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?

    Thanks.



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  • USDream2Dust
    09-24 02:14 PM
    Recently I heard about RFE on medicals for some of my friends. All of them who got RFE on medicals, entered US using AP.

    Do you had any travel outside US and used AP to enter?

    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.





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  • logiclife
    11-28 10:26 AM
    Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.

    What can we expect next?
    Dates would move forward depending on the increase in numbers.

    What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
    Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.


    What will happen to the �Rest of the World� category? When do you think they can expect results?
    Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.

    What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
    YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP



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  • bbct
    02-16 01:53 PM
    If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.

    I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
    Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
    Has anyone any experience with Canada/Mexico.How should I fix an appointment?





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  • TeddyKoochu
    03-17 10:29 AM
    During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.

    Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.



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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).





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  • vivek_k
    03-09 02:22 PM
    Even though this is the wrong thread, can somebody please recommend a good attorney in Oklahoma City Area. I need to hire a different one since the one I am with currently is not good.

    I would appreciate if somebody would point me to the right direction.



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  • kshitijnt
    07-27 02:46 PM
    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.

    If your renewal requires fees, I would not get it approved.





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  • manand24
    08-03 12:20 PM
    After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

    On this status you have 2 options to be able to work:
    1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
    Please note that if you use EAD, you HAVE TO use AP for travel.

    2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

    You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.


    Good luck

    From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.



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  • flex
    10-02 06:16 PM
    Why not?





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  • h1techSlave
    02-24 08:00 AM
    So are you suggesting that the H1 cancellation was fine?

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.



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  • caca1225
    12-28 08:01 PM
    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.

    Just because the CIR has a little be help to current H1B holders for EB cap exempt to immediate relatives of applicants , that doesn't make the bill a skilled-worker friendly than illegals friendly bill it supposed to be. Think about all these legal immigrants in order to get their green card, they would have spent more than 20k out of their pockets while the CIR only required $500 fine to get these illegals back in line with us, let alone the metal struggle to the long waiting nontransparent process. I'd rather not having this "benefits" than have to be forced to pay my hard earned money toward illegals' health, food stamp, education etc. Besides, after 6-years period finished, who knows if the cap to GC to all these illegals are shared with H1B? Let the free market eliminates US if that's what they're asking for. I can care less if I can get my GC or not while there're plenty of countries will welcome us skilled workers.





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  • greencardvow
    08-03 06:59 PM
    H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
    Fire your company lawyer for incorrect information.



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  • sanan
    06-05 08:29 AM
    I got mine today! 5 year long wait ...Phew!!
    Although I am yet to file for my wife...who is on H4...what happens to her status?





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  • reddymjm
    10-04 04:05 PM
    GOOD. IV will be free from some head ache.:)





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  • GCDo
    04-24 12:33 AM
    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.





    WeShallOvercome
    07-23 03:36 PM
    yellow :D


    My lawyer is not telling me the color of the envelope.
    Will my application be rejected ? :D :D :D





    GCOP
    12-08 02:03 PM
    Friends, I already have expressed the views regarding Recapturing/ temporarily increasing Employment Based Visa Numbers for Greencard, on change.gov website . I have been getting E-mails from Transition Team. I have pasted this recent E-mail which is about Meeting with Transition Team. I think, IV Core Team members or/and people living around Chicago area should arrange meeting with Transition Team, and express and suggest our ideas regarding Recapture/Temporarily Increase EB greencard Numbers to clear the backlog.


    Your seat at the table‏
    From: John D. Podesta, Obama-Biden Transition Project (info@obamabidentransitionproject.org)
    Sent: Sat 12/06/08 10:30 AM

    Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.

    Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.

    The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Change.gov. Most importantly, the American public can weigh in with comments or their own materials.

    Read the memo and watch our "Seat at the Table" video:




    This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.

    Thank you,

    John

    John D. Podesta
    Co-chair
    The Obama-Biden Transition Project


    --------------------------------------------------------------------------------
    MEMORANDUM
    From: John Podesta
    To: All Obama-Biden Transition Project Staff
    Date: December 4, 2008
    Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY

    Overview:
    As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.

    Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at www.change.gov, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.

    Scope:
    The following information will be posted on our website:
    1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
    2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.

    This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.

    If you have any questions as to whether documents should be included, please email [REDACTED].

    Process:
    Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at www.change.gov. Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on www.change.gov." At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.


    Notes:
    1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
    2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.



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