GreenCard4US
08-21 11:43 AM
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 2000 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 March 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.
I came to US through Company A in June 2000 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 March 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.
ingegarcia
06-11 03:38 PM
Do they assume that if you are in 7th year you can use your labor which you used for H1 7th year extension.
what about if i140 is denied on the previous labor and one cannot use that labor any more.
are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?
I guess this is only for people who are nearing the 6th/7th,etc year extension and their PERM does not have more than 365 days days. In these cases the person will need to get out of the country unless I140 is approved.
This would be my case if my PERM were to be approved before July. However my labor is audited and ATLANTA Backlog Center seems to be anything but fast these days...
what about if i140 is denied on the previous labor and one cannot use that labor any more.
are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?
I guess this is only for people who are nearing the 6th/7th,etc year extension and their PERM does not have more than 365 days days. In these cases the person will need to get out of the country unless I140 is approved.
This would be my case if my PERM were to be approved before July. However my labor is audited and ATLANTA Backlog Center seems to be anything but fast these days...
luckylavs
07-16 12:48 PM
hk196712 ,
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
wantMyGC
09-12 08:22 PM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
more...
hankles
12-09 05:35 PM
O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".
This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.
This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.
apahilaj
01-25 07:30 PM
yes we can just pray
Not really...
Stand up for yourself and please mail the letters if you haven't done so.
Not really...
Stand up for yourself and please mail the letters if you haven't done so.
more...
nixone
07-30 05:09 PM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
validIV
03-20 05:14 PM
Wow. This is gonna hurt a lot of people.
more...
funnymdguy
11-16 02:57 PM
same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.
Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?
Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?
Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?
Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?
deepakjain
01-08 09:18 AM
Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
more...
supers789
07-18 04:10 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
macrosky
07-07 06:53 PM
My new empolyer has filed h1b transfer for me using premium processing. The package was delivered to USCIS last Monday. Because my employer's email address is too long, the last 2 letters of the email address "om" (should be ".com") are missing in the printout. I found this after the package was sent out. We have not heard anything till today (7 calender days after the last Monday). Is this normal?
more...
mariner5555
04-04 01:57 PM
I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
Rgrant, coolguy ..Thank you v.much !!
Rgrant, coolguy ..Thank you v.much !!
omved
05-06 02:47 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
Augustus..did you get GC yet ?
Thanks
more...
GCard_Dream
01-04 04:02 PM
On the homepage, just click on "Forum". At the end of that page you'll be able to see all the details.
Is there a place the membership number is shown?
Is there a place the membership number is shown?
ragz4u
04-10 12:42 PM
Thanks to all those who have responded to us. We will send out an email to all very soon. We are also planning to have a conference call sometime this week to go over this.
Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!
Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!
more...
haroontabrez
04-15 10:04 AM
TO mbawa2574 & FUNTIMES
Just follow what TomPlate has said.
I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
Just follow what TomPlate has said.
I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.
we had a similar issue,
what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.
Hope this information helps
Thanks
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
waitingmygc
10-12 07:08 PM
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
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.
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.
drirshad
09-23 08:25 PM
After 09/18 I got NUD almost everyday until today
Now NUD = No Updates to Date ..... :o
Now NUD = No Updates to Date ..... :o
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