ilikekilo
04-09 03:50 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
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rpatel
10-18 11:34 AM
I think fromnaija got it reversed. I think you can file form I-824 to change your request for adjustment of status (on I140) to consular processing. The processing time for this form is lengthy...and questions may arise why as to you left the country and if the job offer was still valid...epecially if you were working for the sponsoring empolyer at the time of original petiton.
As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.
Hope this helps.. Good luck
As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.
Hope this helps.. Good luck
aguy
08-03 04:15 PM
Hi,
My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?
Thanks.
My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?
Thanks.
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wandmaker
10-07 03:24 PM
I need a little advice on sponspring my uncle vistor's visa from India
My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.
Does including his family members make any difference?
Also, having a different family name makes any difference in the sponsor's letter?
Any help is appreciated.
You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.
My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.
Does including his family members make any difference?
Also, having a different family name makes any difference in the sponsor's letter?
Any help is appreciated.
You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.
more...
fcres
08-15 10:19 AM
Hi,
I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
Please I sincerely appreciate your opinion what should be done in such case?
Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?
Thank you so much.
I don't think you will even get an RFE, let alone rejection. File now and don't wait for 16th evening. It has to reach there on th 17th. Once you file you can prepare an affidavit and keep in hand in case you get an RFE.
I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
Please I sincerely appreciate your opinion what should be done in such case?
Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?
Thank you so much.
I don't think you will even get an RFE, let alone rejection. File now and don't wait for 16th evening. It has to reach there on th 17th. Once you file you can prepare an affidavit and keep in hand in case you get an RFE.
vasudev19
04-09 03:06 PM
Hi,
My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.
My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.
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univariate
07-23 04:16 PM
Hi, Friend,
Can you give more details regarding your travel to Canada?
Which city is the port of exit and port of entry to USA?
What document did officer ask for when you exit and reenter USA?
Thanks.
Can you give more details regarding your travel to Canada?
Which city is the port of exit and port of entry to USA?
What document did officer ask for when you exit and reenter USA?
Thanks.
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intelarv
07-29 06:16 PM
Thnx...
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javadeveloper
11-13 06:54 AM
I am sure this may have been asked already but I coudn't find a thread.
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
No problem
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
No problem
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andr.in
10-09 09:04 AM
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desi3933
06-10 12:45 PM
Hi,
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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mariner5555
05-27 04:02 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
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arihant
09-13 11:53 AM
Looks like EB2 India took a backward step. Not sure of the other categories as I am more interested in this category.
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sagarmata2007
07-18 03:36 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
more...
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kramesh_babu
07-25 08:08 AM
You should be good as long as the existing Visa is valid when you reenter. Even though the existing Visa stamping is tied to your previous employer, You do NOT have to go for Stamping just because you changed the employer and got the new H1. The IO at Port Of Entry might ask about your current employer and you should mention your new Employer and show the new H1B approval at at that time.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
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deardar
06-22 11:49 AM
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neeidd
07-14 03:31 PM
Hi Gurus,
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
^^^^^ bump ^^^^^
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
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Prashanthi
09-08 01:53 PM
thanks for your reply.what do you mean by consular processing?
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
Consular processing is requesting that the H-1 be approved and you will go to the consulate in your home country to pick up the visa and come back on a new H-1, in this situation, you are not requesting for a change of status when you file for a H-1. Your attorney will know how to file a consular processing case.
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
Consular processing is requesting that the H-1 be approved and you will go to the consulate in your home country to pick up the visa and come back on a new H-1, in this situation, you are not requesting for a change of status when you file for a H-1. Your attorney will know how to file a consular processing case.
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eb3_nepa
06-14 02:48 PM
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Blog Feeds
08-03 12:50 PM
Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
traveldoc
10-05 05:20 PM
Guys,
I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.
I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.
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