Aah_GC
06-19 07:42 AM
Are you talking about I485? This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. I think there is an email address that folks here can share with you.
Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
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beautifulMind
07-16 02:48 PM
I posted it there as well
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shantanup
10-12 07:59 AM
Even I recieved 2 copies each of FP notices for me and my wife. I don't know if my lawyer got one, if any.
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martinvisalaw
10-21 04:30 PM
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.
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gcdreamer05
11-14 03:03 PM
Hello guys,
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
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wait4ever
09-22 11:15 AM
You should not have any impact if you have the GC
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Carlau
01-24 11:55 AM
I have a suggestion, offer your company to pay a half an hour consultation with a lawyer, such as Sonal Mehta or Hooyou or Shusterman, this way you will not only get your H-1B 3 year extension but you will save your company from paying the 1k+ attorney's fee x 3.
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smartboy75
07-09 04:43 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
Why r u doing an h1 transfer ??? why can't u invoke AC21.....??
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
Why r u doing an h1 transfer ??? why can't u invoke AC21.....??
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bestia
07-19 12:18 PM
Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.
I read in another forum that 90-day count starts from the received date.
I am not sure though!
Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.
I read in another forum that 90-day count starts from the received date.
I am not sure though!
Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.
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krogot
02-17 01:25 AM
Thank you for your answers
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Singer
10-21 11:10 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
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akred
08-10 07:41 PM
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance
Wouldn't say it is ignorance on the part of the manager. Ignorance is easily abated by the employee talking to the manager. Plus any good lawyer will ask the manager if a master's degree is required for the job before proceeding with recruitment.
More often there are other reasons such as ego issues ("I don't have a college degree so why does my report need a master's degree") or practical difficulties (necessity to raise the wage offered) that can cause an otherwise qualified person to be classified as EB3.
Wouldn't say it is ignorance on the part of the manager. Ignorance is easily abated by the employee talking to the manager. Plus any good lawyer will ask the manager if a master's degree is required for the job before proceeding with recruitment.
More often there are other reasons such as ego issues ("I don't have a college degree so why does my report need a master's degree") or practical difficulties (necessity to raise the wage offered) that can cause an otherwise qualified person to be classified as EB3.
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paritp
03-04 04:34 PM
congratulations.!!!!!!!!!!!!!!
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funny
08-13 03:46 PM
Folks,
Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?
Thanks
Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?
Thanks
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WeShallOvercome
07-18 12:15 PM
Guys,
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
Do you think they will do that after all this noise ?
NO WAY !
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
Do you think they will do that after all this noise ?
NO WAY !
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nefrateedi
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
That's incorrect. NSC does accept employment based I-485 applications.
That's incorrect. NSC does accept employment based I-485 applications.
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Widget
05-25 06:51 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
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GCeffect
02-09 02:38 PM
Because Company C and A have different FED TAX ID. so they are considered as different business......
I didn't raise any question beacuse both the company was ran under the same roof.
During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.
Pelase response
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
I didn't raise any question beacuse both the company was ran under the same roof.
During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.
Pelase response
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
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msyedy
12-13 12:49 PM
sheshadripv
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
dskhabra
02-26 01:17 PM
You'll get 3 year H1 extension beyond 6 years with I-140 approval.
roseball
04-25 02:29 PM
Yes, PR visa is not extendable....Also, you dont have to apply for any PR card when you go to Canada. When you enter Canada, you will automatically be a PR starting that day and the PR will be mailed to the Canadian address you provide at the airport....Its your choice to apply for a SIN card (US equivalent of SSN card)...For this you will have to go to the nearest office to do so. Usually the landing procedure takes 2 to 3 hrs...You can return the same day...PR card is issued for 5 yrs from the date of your landing and you can stay 3 yrs out of Canada...To maintain PR status, you will have to be physically present in Canada for atleast 2 yrs..Hope it works out for you.....
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