lazycis
12-17 07:25 PM
So you haven't received a denial letter yet.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
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senthil
10-26 05:14 PM
they wanted to see the originals but copies were enough for submitting. as many of our members have experiances lately - with respective to stamping, its should surey help if we consider their advise's. good luck all.
CatsintheCraddle
05-04 01:14 PM
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
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peer123
04-16 05:22 PM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
more...
sanjay
03-28 10:44 AM
Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.
ras
05-30 01:31 AM
From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
more...
jchan
08-01 11:52 AM
I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.
Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.
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pcbadgujar
01-22 03:18 PM
No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.
more...
duttasurajit
10-18 12:19 PM
Thanks everyone for the valued response. One last question:
I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
What happens in this case? Is it still risky to pursue AC21?
I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
What happens in this case? Is it still risky to pursue AC21?
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johnnybhai
11-19 02:10 PM
You can print the forms and make the changes. I had done this June this year when I had to change the issuing office. No problems at all.
About the drafts, you have to make separate drafts - one set for each applicant.
The fees payable at HDFC Bank per passport are: -
1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.
2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)
This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.
About the drafts, you have to make separate drafts - one set for each applicant.
The fees payable at HDFC Bank per passport are: -
1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.
2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)
This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.
more...
rajenk
09-16 04:35 PM
I guess you guys are not qualified for AC21 after approval! Here is the detailed article on this specific topic from Murthy.com. You should have done the AC21 before your case got approved.
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/mb_pdf/082710_P.html)
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/mb_pdf/082710_P.html)
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continuedProgress
06-08 02:35 PM
My $50 (3626-8870-3772-9306) for this effort.
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gcformeornot
08-30 01:21 PM
he is a dummy. Just wasting our time.
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gckidhamal
11-19 02:50 PM
http://www.aila.org/content/default.aspx?docid=6727
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
more...
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prince_waiting
10-04 10:28 AM
Hi Everybody,
Located in Auburn,......was going to join the Georgia chapter because of the proximity to Atlanta distancewise..... but good to know that there are so many Alabamians out here......
War Eagle !!!
Located in Auburn,......was going to join the Georgia chapter because of the proximity to Atlanta distancewise..... but good to know that there are so many Alabamians out here......
War Eagle !!!
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sam_hoosier
03-11 04:50 PM
I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
LOL......:D:D
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
LOL......:D:D
more...
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prouddesi
10-16 02:57 PM
^^^^
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)[/QUOTE]
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)[/QUOTE]
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VMH_GC
12-14 03:41 PM
Thanks all for your information. It is really helpful.
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ubetman
08-04 03:14 PM
Thank you guyz for your responses.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance....
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance....
tdasara
05-29 08:42 AM
This basically is adding insult to injury!
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
chanduv23
12-08 06:45 PM
Come on folks, time for some contributions.....
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