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  • bp333
    11-04 10:14 AM
    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.




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  • gcformeornot
    01-12 09:52 AM
    lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:




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  • TomPlate
    07-11 02:09 PM
    Guys you should see this

    www.midnightmasala.com from SUNTV




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  • deardar
    02-08 07:59 AM
    Hi,
    I am waiting for replys.
    But with in one month of my h1 approval of nov2007 i came to India.
    I did one certification(one paper) in one language in november2007.
    I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).

    In which location is easy for me to stamp delhi|mumbai|chennai.
    Pls post experiences and needed docs.

    DO you have a choice ? I thought if this is first time stamping you have to go to the consulate which serves your state.



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  • lskreddy
    01-13 04:23 PM
    it won't correct, as this practice has been long stopped. You may be in trouble for sure.

    I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..




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  • Picasa
    01-22 02:40 PM
    Thakur saa'b & Oil Twist thanks for the suggestions.
    Rajiv did you have a loan with ICICI bank and would you please explain how big part of the payment you made that drastically reduced your payment to Rs 1200.
    Please check your messages I have sent you PM as well.
    Thanks,
    This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.



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  • veni001
    07-09 01:46 PM
    Remember not all job classification qualify for EB2, especially software related, check O*Net and then in this economy employer need to test the market and prove that he couldn't find a qualified american worker! Unless it's specialized skill i don't think it's easy!

    If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.




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  • pkd666
    04-07 04:41 PM
    To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge

    My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..

    Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months



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  • Hassan11
    04-15 09:55 AM
    I just gave you some green. Thanks

    Paper filing is best. AP got approved in 40 days from NSC.




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  • kart2007
    11-18 01:31 PM
    I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.

    Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).

    It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).

    Anyone else having issues?



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  • sumithooda
    01-12 11:58 AM
    gcdreamer05:
    Is there something we can do to avoid this PIMS delay.......

    Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.


    Kiran K02
    Masterji, I will not be able to come on AP as my Passport is in Application Package.

    If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.

    Thanks




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  • das0
    03-09 01:54 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    Please advise. Much appreciated - thanks



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  • sdrblr
    08-21 02:33 PM
    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.


    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.




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  • tabaching
    10-22 09:34 AM
    Hey kumarc123,

    Thank you.
    Actually, there is a stamp in the passport at the time of entry to US (Dec 2007). And they can verify that. That's why we entered Dec 2007 as the last entry date in I-485 form. It's just that I-94 has the old date (Feb 2005). We're hoping this won't cause any trouble during the interview.

    Hope I didn't confuse you.



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  • Anil_s
    07-08 09:45 AM
    Hi Ari,

    Thank you for the reply.

    As I came to know L1 is denied due to skill set I have is not enough, which I do not agree and I can appeal for the same.

    Will you advise me to reopen the case? And if I am reopening the case am I eligible to stay here in US till the case is finalized even if my I-94 expires?

    Can I also file for H1 at the same time?

    Thank You
    Anil




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  • reddog
    01-23 12:15 PM
    As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.

    You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.

    Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.

    PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.



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  • casinoroyale
    03-31 02:02 PM
    Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.

    Here is a link taken from other thread from IV
    http://www.murthy.com/mb_pdf/030609_P.html




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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!




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  • Jimi_Hendrix
    12-14 12:19 PM
    Getting CIR passed (or even bring back to attention) may not be that easy. These types of raids are increasing and many people are thinking that goverment is doing something about an important problem.

    Bringing back CIR and passing it will entirely depend on the political moves of the two parties and important players. Any raids and resulting street rallies are not going to do anything. If you want proof just see last years momentum and what happened eventually.
    This year's political composition was different. Anti-immigrant majority politicians and do-nothing attitude was the cause of inaction.

    Next year the political composition is widely acknowledged to be pro immigration. So the results are likely to be different.

    Am I missing something here?




    rockstart
    07-14 08:02 AM
    First of all its a law so you need to do it. Secondly its not very difficult a very small form on USCIS website to fill and add your pending cases to it. Will not take more than 5 minutes so just do it. There is nothing to lose by filling it.

    Hi Everyone,

    Is it really necessary to inform USCIS of change of address.

    Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

    Will appreciate your views.




    permfiling
    08-13 05:47 PM
    permfiling,

    A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

    So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

    I believe this is the tack Company B lawyer is suggesting.

    Here's something I read on another lawyers website w.r.t. AC21:
    1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
    2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


    Thanks,
    I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn

    2. Title indicates same job
    3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,

    I think you can go ahead and file the 485 but dont explicitly mention AC21.

    I hope we all in the same boat should try out and see ..



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