bah9422
08-12 04:31 PM
tom and everyone,
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
itstimenow
08-07 11:06 PM
If all the documents are submitted - court related -- in that case are we good to go?
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.
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.
seahawks
01-01 05:10 AM
congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!
more...
raj1998
02-18 05:11 PM
Its been more than two months I applied for my H1B visa extension, it got approved and I received I-797 also but online status still show 'Application Received and Pending'.
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
rajev_kk
10-10 04:55 PM
You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.
more...
Dhundhun
08-13 12:27 AM
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
(IVans, I got NINE RED dots for this so far)
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
(IVans, I got NINE RED dots for this so far)
qasleuth
04-27 01:08 PM
Maybe you should combine his/her statement with body language. Did the IO raise the eyebrows, smirk, frown etc and word-smith the statement. Was it 'pre-adjudicated' (past tense) or 'will be pre-adjudicated' (future tense) or something else. 'pre-adjudicated under review', first half is contradicting the second half of the statement. 'Pre-adjudicated' could mean everything is clear and waiting for a visa number. 'Under review' could mean something else...additional review ?
Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.
Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.
more...
sheela
09-25 01:47 PM
Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.
How to know whether NC is cleared. Is there a number to call for confirmation?
How to know whether NC is cleared. Is there a number to call for confirmation?
newhandle
03-05 04:55 PM
You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?
I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
All in all, my combined income has been <$5K each year.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.
I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
All in all, my combined income has been <$5K each year.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.
more...
jonty_11
08-03 05:57 PM
Yes you can apply today , per Aug bulletin it's all "U" , forgot about that !!!!
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
it will remain U until mid Sept when Oct Vb comes out....with a lotta surprises..
what_if
01-25 07:36 PM
Your wife does not have to run payroll to get money from the company. She can just withdraw money from the company whenever she wants. Just make sure that the taxes are paid correctly when you file for taxes.
I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
more...
swartzphotography
March 4th, 2007, 08:56 PM
i am not sure what it is about the 300d or known by most as the digital rebel that makes it not a good choice. i used and still use the digital rebel. i consider it to be worthy of professional status. it lacks a few capabilities but for studio work i still feel more comfortable with that camera and i must admit even though i have the rebel xt i have not used it near as much as the 300 d.
sparky63
January 30th, 2005, 06:23 PM
Hi folks,
The local Council for the Arts is sponsoring a photography contest and I'm planning to enter it (my first!!). The subject of the contest is an Ice Fishing Derby held Jan 29-30, 2005 in Silver Lake, NY. Not my ideal choice of subjects, but ...
Here is the primary rule:
"Winning photos will be those that best represent and display the Ice Fishing contest as an interesting winter event."
Of the ~160 shots I took, these were my favorites.
http://www.dphoto.us/forumphotos/showgallery.php/cat/1149/ppuser/
I would really appreciate your suggestions on which three shots best address the photo contest's criteria, plus a general critique.
Also, feel free to tell me that I stink as a photographer and should sell my equipment immediately.:rolleyes:
Thanks in advance!
The local Council for the Arts is sponsoring a photography contest and I'm planning to enter it (my first!!). The subject of the contest is an Ice Fishing Derby held Jan 29-30, 2005 in Silver Lake, NY. Not my ideal choice of subjects, but ...
Here is the primary rule:
"Winning photos will be those that best represent and display the Ice Fishing contest as an interesting winter event."
Of the ~160 shots I took, these were my favorites.
http://www.dphoto.us/forumphotos/showgallery.php/cat/1149/ppuser/
I would really appreciate your suggestions on which three shots best address the photo contest's criteria, plus a general critique.
Also, feel free to tell me that I stink as a photographer and should sell my equipment immediately.:rolleyes:
Thanks in advance!
more...
Singer
10-21 11:06 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
ajm
06-24 07:06 PM
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
more...
GCFROMOHIO
05-04 10:39 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
greenmonster
11-30 08:05 AM
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
rayoflight
03-18 12:30 PM
Hi gc_on_demand:
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
LloydsApple
11-12 04:54 PM
Man!
Humhongekamyab
06-06 02:58 PM
Are there any specific links for complaining to these agencies?
See the 4th message in the thread.
See the 4th message in the thread.
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