Saturday, June 18, 2011

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  • AB1275
    12-18 10:07 AM
    For MTR - Brief / Evidence need to be given within 30 days of denial.
    For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
    In either case, 290(B) have to be filed to keep it going.

    Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

    Hope this helps.

    Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.





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  • Domino
    09-12 02:58 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?

    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!





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  • pandu_hawaldar
    10-05 12:47 PM
    I applied for AP for primary and secondary applicants on 09/17 at TSC (RD 09/24). Online update showed that AP for Primary applicant has been approved, but the secondary still shows under review. Today I received approved AP for the Primary applicant in mail, but nothing for secondary applicant yet. Why TSC is not approving both the APs at the same time? Last time, I got the both at the same time. Any idea or guidance please.....





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  • whitetiger0811
    01-12 10:34 AM
    AB1275, an update on your case? How did the MTR go??? Please provide more details and update.



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  • ita
    06-17 02:33 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.





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  • sanjay
    07-31 04:59 PM
    Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.

    I think Canada is more safer than going India.



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  • GCVictim
    07-24 01:20 PM
    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

    Question:

    My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.





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  • bklog_sufferer
    12-05 03:55 PM
    Folks,

    I am in a similar situation..

    I work for Company A on H1b which is valid till 2009 & expired Visa stamp, but I have filed a GC application thru company B and got EAD and Parole.

    So if I leave the country, can I re-enter on company B's parole and still continue to work on Company A's H1b?

    Thanks much for any insight



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  • add78
    06-05 01:36 PM
    My labour got approved on May 23rd .

    Is it possible to switch company and use this labour whihc got approved by this company?

    Thanks for all your support and sharing for knowledge.
    Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here http://immigrationvoice.org/forum/sh...ad.php?t=19224
    and actively participate in your state chapter's initiatives.
    Thank You.





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  • hpandey
    12-17 10:20 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?

    Thanks

    NOID means Notice of Intent to Deny which is usually sent if they haven't heard from you regarding an earlier notice ( for e.g RFE which is request for evidence , or continuity of case from your employer etc )

    RFE - Request for evidence is usually generated when USCIS needs something from you or your employer . They have to be responded between 30-45 days mostly .

    Contact both your lawyer and USCIS to find out why your case was denied.



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  • fres42
    01-27 10:57 AM
    I applied for my H1B extension on Aug 23rd(Vermont). It says they are currently processing Oct 01, but my case is still pending..... Anyone in the same boat?

    Vjkypally, I am in a similar position. I applied for H1 transfer Aug 13th, Vermont Center. Yes, it says they are processing Oct 1, but my case is still pending. For some reason the online status hasn't been updated. It shows old status, pending, the original status of Aug 13 reciept notice date.





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  • starving_dog
    06-08 03:01 PM
    Capitalism is the first American value.:D



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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).





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  • speedo
    08-14 07:34 PM
    when is your appointment? what city?



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  • logiclife
    04-08 12:23 AM
    like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.

    The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.





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  • sac-r-ten
    01-30 11:43 AM
    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance

    I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.

    Anyways,I am relieved that at least i have a H1 now for few more yrs.

    All the best to you.



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  • simple1
    05-11 06:49 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

    Thanks.


    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • greenleaf81
    10-31 09:21 PM
    Hi,

    My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.

    We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.

    1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
    2) Is it my right to get a copy of the RFE?
    3) How come the case status did not change on USCIS website?

    My current visa expires on Nov 20th. Please advice ASAP.





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  • Sachin_Stock
    09-18 10:40 AM
    I understand that the surrounding politico-activities are important, it was just the title of the thread "LIAR...." which drew my attention as if it was something related to IV/immigraition reforms of utmost concern. After reading the content it was not anywheres close to it.

    However I appreciate the information posted.





    sku
    09-14 11:39 AM
    Bump





    prdgl
    07-07 09:56 PM
    Very good, shabaash!!

    Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.

    IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.

    And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
    Grow up!!!!!!!!

    yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.

    yes yes this is the one that brings bad name for H1B holders and not the above said things.

    I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !



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