sin94
11-11 01:08 AM
Folks,
I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.
What are my option here?
I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.
What are my option here?
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masterji
07-03 07:16 PM
If you lived more than 6 months outside of India, you can choose any consulate.
Disclaimer: Not a legal advice
If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.
-MN
Disclaimer: Not a legal advice
If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.
-MN
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Mount Soche
12-18 06:21 PM
Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
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chaks7
12-07 03:19 PM
For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.
javadeveloper
05-27 04:54 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
more...
gc28262
07-16 12:38 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
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techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
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JunRN
12-17 07:37 PM
It your decision and must get a good lawyer. If I were you, I will file AC21.
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miamivice4u
04-10 07:40 AM
But he can not loose our hopes, remember this, for the american people legal inmmigration is Green Card holders, if you are a temporary worker is like they are telling you hurry up pack your things and get back to your place, and the congress will try to work legal and illegal immigration at the same time, probably they will increase visas, but anyways the point is who is making noise in the streets? illegals and their supporters. In my case i contact my senator and my congressman every month asking to please help with comprehensive immigration reform, to help us to create legislation on name check so we do not have to wait years, and well all of them are republicans but all of them are immigrants so they know our pain.
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ilikekilo
07-18 10:39 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
very sorry to eahr that.....did urs get approved yet
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vine93
03-04 11:01 AM
These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.
more...
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sweet_jungle
11-04 04:30 PM
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
NSC responded to my lawyer's request. They do have the correct older PD in their system and will be adjudicating my case according to that.
Ombudsman response was an error.
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
NSC responded to my lawyer's request. They do have the correct older PD in their system and will be adjudicating my case according to that.
Ombudsman response was an error.
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delhiguy
07-02 03:13 PM
[QUOTE=vinabath]I paid for a 2007 labor for 15k. Now I am screwed.[/QUOTE
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
more...
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Robert Kumar
03-17 11:19 AM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
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gcdreamer05
08-20 10:09 AM
overseas i waited for replies checked with some of my friends and finally decided to post it to TExas center based on my state that i live in Mass.
Posted the app today morning so i would suggest you to post it to TX.
Posted the app today morning so i would suggest you to post it to TX.
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CareerHit
10-15 12:01 AM
Wow .. I did not know that this was a grey area :)
Amazing .. no one doing this?
I have a friend who does this, but he hasn't consulted a lawyer :).
Anyone who has spoken to a lawyer?
Amazing .. no one doing this?
I have a friend who does this, but he hasn't consulted a lawyer :).
Anyone who has spoken to a lawyer?
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bharol
10-09 08:38 PM
Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
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hebbar77
06-05 08:47 PM
Looks like everything in GM is on sale.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
Even I got a garage sale this weekend!
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
Even I got a garage sale this weekend!
gckalafda
03-10 10:13 AM
Hi All,
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS on 3/3 and we got an Approval Notice on 3/7.
First let me Congratts!
I have also similar situation where I send my 2 ex-coleague letter(2002), one is notarized and another without notarized for one of the company and other company I have got exp letter with latest date. So I keep my fingure crossed for what ever outcome from USCIS.
probably they may get today or tommarrow and will see the result.
By the way which centre you query was? I have got RFE from Nebraska and case transffered to Texas .
My lawyer sending answer to both centres..
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS on 3/3 and we got an Approval Notice on 3/7.
First let me Congratts!
I have also similar situation where I send my 2 ex-coleague letter(2002), one is notarized and another without notarized for one of the company and other company I have got exp letter with latest date. So I keep my fingure crossed for what ever outcome from USCIS.
probably they may get today or tommarrow and will see the result.
By the way which centre you query was? I have got RFE from Nebraska and case transffered to Texas .
My lawyer sending answer to both centres..
number30
10-22 04:47 AM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
