mzafar125
11-01 09:47 AM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
Thanks!
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santiwar
07-24 11:15 PM
I contributed once in the past for (100 Bucks). I am feeling the pinch lately because of all these I-485 filing expenses ( i know, it does sound like a lame excuse :p ). Rest assured, will be contributing in the future..
calboy78
08-10 07:16 PM
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
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 however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
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 however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
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saileshdude
08-10 03:58 PM
I thought I will start any 2006 pending cases who are current for Aug bulletin and possibly sept bulletin (i.e if dates remain current for 2006 PDs)
more...
kevinkris
01-11 02:00 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
jambapamba
08-03 05:11 PM
Not advisable for the same company unless the new job duties are changed significantly.:cool:
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add78
03-20 10:01 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
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unknown123
01-02 07:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
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nixstor
04-18 12:32 PM
<Snip from his speech>
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
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ras
08-29 12:36 PM
I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
more...
raydhan
03-19 04:21 PM
I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!
Email me at raydhan@hotmail.com
Thanks.
Email me at raydhan@hotmail.com
Thanks.
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javadeveloper
05-27 04:54 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
more...
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Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
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nogc_noproblem
01-17 12:08 AM
Good question, but the answer would be purely based on what is your future plan. If you want to continue to work in the software industry then there are only few cities in the list. If you want to do business (which is my personal choice) then the choice would be totally different.
Seems you are thinking a lot about your kids education (obviously), please remember, those days when only metro city students are in the top ten list of board exam results are gone, if you check the recent years results you will notice that students from small town/ rural schools are doing great.
If you don't want to give a sudden drastic change to your 6 year old then stay in the metro city for a year or two and then move to your home town if you want. OR if your intension is to work in the software industry then metros are the best choice and fyi the market is very hot now.
All I can say is you are thinking in the right direction, good luck.
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
Seems you are thinking a lot about your kids education (obviously), please remember, those days when only metro city students are in the top ten list of board exam results are gone, if you check the recent years results you will notice that students from small town/ rural schools are doing great.
If you don't want to give a sudden drastic change to your 6 year old then stay in the metro city for a year or two and then move to your home town if you want. OR if your intension is to work in the software industry then metros are the best choice and fyi the market is very hot now.
All I can say is you are thinking in the right direction, good luck.
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
more...
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gc_on_demand
07-14 10:04 AM
I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
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ksrk
03-04 04:42 PM
Congratulations moclutch! Sure sounds like one heck of a journey. And like you said, misery does love company - or at least eases a bit.
Congrats again - time to celebrate! :) And good luck moving forward...
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
Congrats again - time to celebrate! :) And good luck moving forward...
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
more...
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tabletpc
11-19 05:55 PM
Thanks everyone...
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
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tradahoo
05-29 03:43 PM
Hello,
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
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Michael chertoff
12-09 10:09 AM
Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?
Please tell me if it has something for us.
Thanks
MC
Please tell me if it has something for us.
Thanks
MC
gouridighade
04-28 04:05 PM
Hi,
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
Raju
07-02 09:51 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.
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