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Hi all,

My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.

But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.

Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?

Thanks in advance !

HI,

Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.

If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.

Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.

Good luck.

yeah it took almost a year to send an RFE that too after repeated calls to CIS.

Libra,

Congrats!!! Did it take an year for the RFE itself???

Romesh and naresh,

Any updates?

thanks,
Sampath

Please see in-line:
Hi everyone,

I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )

I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:

1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?

You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.

2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!

3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?

See above.

This is purely from my personal experience; not sure how well it applies to your specific situation. Please check with an attorney for your specific situation.


I would greatly appreciate if you can respond to my questions.

Thank you very much in advance.

These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.

Managed to call 10 on the list (including all representating state of residence). Will call more as soon as the next meeting gets over at work.

General response has been non-committal. Most aides/members of Congressperson's office couldn't/wouldn't share Congressperson's position on the bill. Sounds like a touchy issue for them.
Well, we'll keep calling till they recognize we mean business.

Go IV!!!

I work for US university on H1B. Based on my knowledge the following are valid points.

- There is no deadline or quota for H1B visa's for these non-profit orgs.
- You can transfer from F1, OPT to H1B (I did the same).
- If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.

So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).

So, if you want to get a H1B visa try to get in directly with non-profit organization.

For many US university jobs you can visit:

http://www.higheredjobs.com

Good luck!

If you plan on being in DC area on September 17th and if you would like IV to assist you to meet with the lawmakers from your State, please email us the following information at your earliest convenience at lobbyday@immigrationvoice.org:

Name
IV Handle
Phone Number
Zip code
State

Meeting with the office of lawmakers have to be setup much in advance and it would help the volunteers to seek meetings for you if you send us this information today.

If you have any question, please write to lobbyday@immigrationvoice.org. Please keep in mind that we are coordinating meetings for more than 500 IV members for the Lobby day and delay in sending us information about your availability would make it difficult for us to seek appointments for you. So kindly treat this request as Urgent.

It depends what you wrote down in your labor application. You can mention that job is consulting and clients are all over Continental US. I am sure you employer must not have told you that and didnt apply that way. Typical of consulting firms, so taht they can get you to pay another labor..which they can use for substitution.
So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.

What is wrong with people here ?

The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.

People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.

Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.

Enough said :mad:

I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.

I had my PA DL renewed last year. All they asked was the original I-485 receipt, Passport. They dont consider EADs.

What if you directly send a personal check?

New England Chapter Meeting 10/28/07(Sunday) @3:00 PM at Food Court, Burlington Mall, Burlington, MA

San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........

Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA

Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..

Please spread the message about this meet among your friends.

If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/

If you have any questions please let me know.

GO IV GO.
TOHGETHER WE CAN

Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.

I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.

Thanks again.

I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..

All you guys,

Take an Infopass appointment and tell them that you have not received FP notice. Sometimes taking infopass appt helps. So you can try that option.

CAn you please help with the process on how to take an infopass.

Sorry for my ignorance.

Thanks in advance,
Shana

Any idea what these LUDs may be which you had

LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC

Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.

Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????

Is it just your imagination or did you base this on any source.

BTW, what does OP stand for?

OP: Original Poster

Thanks for all the replies!

My current employer is not a very big company so I think you're right. They wouldn't waste their money on me.

Please see my answers inside:

I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,

Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.

Now I would like to take up H1B in a month time, following are my questions


1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.

2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.

3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!

I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards

Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?

How do you think I should go about confirming or getting more information regarding this?