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Monday, June 27, 2011

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  • rima1805
    10-14 12:57 AM
    I was wondering if an attorney or any user with knowledge / past experience with I-485 MTR can help me understand the status of my MTR.

    My story in short:
    * EB2 I-485 was applied in July 07
    * I -140 was approved in Aug 07 timeframe
    * No change in employer, etc. Life as usual.

    All of a sudden:
    * Received I-485 denial on July 30, '09. No RFE no NOID. PD = Nov 06. Reason stated: underlying I-140 was not valid.
    * Obvious USCIS error. I-140 is alive n kicking. So applied for MTR on Aug 14.
    * Convinced my attorney to request for expedite based on USCIS error. Got a letter from TSC that the expedite was accepted on Sept 11. Attorney said I should hear in a weeks time, but the letter said within 45 days!
    * On Sept 25 there was an LUD on my I-485. Status of MTR still = initial review.
    * Got impatient today and called USCIS. Managed to get to level II. The courteous rep told me that on Sep 24 my I-485 was reopened for reconsideration. Online it still says 'denied'.

    She also mentioned that the MTR has not been approved yet. Also that she could see a lot of activity going on with my case and someone has been assigned to it, which according to her was a good thing. God only knows what is 'good' per USCIS.

    I know it will take ages for the GC, but at least the AP was coming to good use. Now I'm stuck w/o a stamped visa and unable to make business trips either. Can someone share their thoughts on what happens next, if all turns out good with my application.

    Sorry for my long post... Thanks in advance for your time.

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  • auvrm
    08-25 01:04 PM
    My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?

    Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?

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  • kol_rakesh
    01-27 01:24 PM
    This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted January 25, 2008 11:27 AM Click Here to See the Profile for kol_rakeshClick Here to Email kol_rakesh Reply With QuoteEdit or Delete Messagehello,

    i applied for OPT in OCT no response from TSC for a long period ,contacted international officer--she emailed TSC got response no record of such case found.

    i had to apply again in DEC they cashed my check for this one so got to know my receipt number.

    so i cancelled check of first application as i thought that was missing.

    but problem is they processed the application for cancelled check and sent my EAD too.

    second application is withdrawn.

    now, they came to know that check is cancelled
    they put a status that fee payment rejected due to insufficient funds and ill receive a notice.

    i waited for 2 weeks received a notice saying ill receive a INVOICE notice from INS dept in which i have to pay amount for that case.

    NO INVOICE received and by the time i got my notice from uscis i called to INS they said u are a day late for payment--i said no invoice received so cant get back to you.

    i had payed the debt -- but INS said i was a day late
    it depends on uscis to decide............

    1) now will my application get rejected
    2) do i have any chances of refiling again (if rejected)
    as i graduated in december my I-20 will expire for refiling .?

    I plead moderators and users to reply me in this regard

    reply's are appreciated


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  • lghtslpr
    02-02 07:20 PM
    Does anyone have any insights or theories on why PERM processing is so badly delayed at Atlanta? And why are applications being processed out of order? People who filed in Jan 06 are getting approved while those who with priority dates in 2005 are still waiting. Does anybody have ANY idea? There should be some transparency in the process. It's just a black box right now and that makes the process ten times more frustrating.


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  • fromnaija
    01-11 11:13 AM
    Does anyone know what is the current count on H1-B Visas left for the year 2006-07 ?

    I know I may sound stupid and probably the answer is that it is already complete, but wanted to confirm.

    Also, when would the next years quota become available and when can one start working at the earliest ?

    Is there any other way to file for H1-B now and work..?


    Quota is already used up!
    You may start applying as early as April for employment beginning in October.
    Other way to file for H1B is to find a cap-exempt employer such as a non-profit.

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  • rameshms
    10-24 02:08 PM
    I received RFE's on the AP application for myself and my wife in the last week of September. We received our Fingerprinting notices the following week. We had our Biometrics done on October 12th. As far as my experience goes, I do not think RFE on AP should adversely affect the receipt of fingerprinting appointment notices.



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  • little_willy
    09-15 10:54 AM
    " There is only one thing that is certain in life - death. Everything else has certain uncertainty to it and cannot be fully trusted, that's why you should question everything."

    Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.

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  • pkak
    07-19 10:23 PM

    My U.S. born son is travelling with my friends from India to USA. He had gone to India for summer vacation. Would anybody have any sample letter for addressing to immigration authorities that we authorize his travel along with my friend.




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  • Blog Feeds
    12-21 07:20 PM
    Perhaps to discuss Plan B?

    More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-meeting-with-congressional-hispanic-caucus-members.html)

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  • Blog Feeds
    04-26 11:30 AM
    We are posting the recent list of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary employee. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers.

    While the full official final list of biggest H1B visa employers for FY2010 for the season has not been released, this preliminary list has been released for the Top employers this past US immigration year.

    An H1B visa is a temporary working visa for professional positions, which allows foreign nationals to live and work in the U.S. for up to six years. This visa is an important tool for any employer to get the highly qualified technical expertise it needs to operate and grow its business.

    If you compare the top 25 employers of US visas in 2009 to the past Top 100 H1B visa employers of FY2009, that many companies like InfoSys, Tata and Satyam have dropped substantially both in the number of US visas for foreigners applied for and their overall rank. In the cases of Tata and Satyam, they are not even on this top list anymore.

    This further shows again both the fallacy of the arguments perpetuated by bigots in the US Congress and the US media about foreign companies (mainly Indian) taking the jobs of US citizens.

    Click for the full list Download file (http://www.visalawyerblog.com/list%20H1B%20employers%202009.pdf)

    More... (http://www.visalawyerblog.com/2010/04/h1b_visa_attorney_petitioner_l.html)


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  • FredG
    April 10th, 2005, 08:30 AM
    Welcome to Dphoto. English is my native language, and many would say that I don't use it too much either. :D

    I like the shot with the mountains in the background.

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  • s416504
    10-21 09:27 AM
    I think You need to be out of USA for more than 1 Year which will reset your L1/H1 time accumulation.
    In your case Your all L1 stay will be counted which start on arrival & stops on departure from USA.

    So though your L1 approved in Mar your L1 time count starts from DEC-2008. H1/L1 times counted together but you get additional year (6th year) compared to L1. Looks you have more than 2 year on your L1.


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  • askreddy
    01-20 11:24 PM

    In my 485 application receipt my first name is not listing fully. MY EAd is also has the same name.DMV is not accepting the EAD card.instead of 16 letters in my first name it shows only first 6 lettters.

    How can I change the first name in my 485 application.My 131 is also pending.


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  • gc_chahiye
    09-27 05:02 PM
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.

    Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

    If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)


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  • sohilbt
    09-03 03:47 PM
    Yes. I did contacted both Kerry and Brown's office last month (July end) for my EAD renewal application.

    Both office staff were very receptive. Brown office has more than one person working on immigration matter....and I believe they were first to act on my case. I got EAD approval 4 days later.

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  • tinamatthew
    07-20 08:32 PM
    Wondering if a little something when filing my taxes will backfire on me when filing I-140/485.

    I'm single/no dependents but for past 4 yrs or so when filing taxes have showed 2 dependents for child tax credit (no earned income credit applied for)....my niece/nephew. My bro had full knowledge and he had suggested as due to his status in US, he is not required to file taxes. Sis in law not working, so not filing taxes. So i used to do that....

    It won't come to bite me right???? ok i am never doing this from now on but is it too late for me. Obviously on my immigation forms i will show no dependents etc as i have none...

    any advice.....

    Personally, I wouldn't send my tax returns until I have spoken to a GOOD lawyer. There are quite a few IO that do not ask for tax returns b4 or during the interview. However, it shouldn't be a problem as you can explain it away. Simply - they were my dependents in those 4 years !! But now they are not, simple.


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  • WaldenPond
    04-22 09:13 AM
    Surely won't fly.
    I-140 doesn't belong to the employee. Period.

    Then ownership of I-140 needs to change as well. Maybe this is something we could all work in the long term.... and not an immediate goal at this time. Of'course this will need help from everybody on the forums. Something like this is sure to help all of us.

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  • shankarsivam
    04-13 05:53 PM
    Hello Attorneys / Experts,

    Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :

    Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140

    Feb'09 : RFE was issued asking information related to Company

    Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport

    Mar'09 : RFE responded with the requested information

    Apr 10, 2009 : USCIS Denied H1B Extension petition.

    I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.

    Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?

    Appreciate your inputs in this area.

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  • desixp
    05-28 08:46 PM
    Hi RayofLight,

    Thanks for your effort. Will meet you at DC.


    07-20 08:28 PM
    Date is July 20 i.e today

    I picked from USCIS press release links and first link is todays.

    Now if you agree it is todays release, then when do you expect July 2 - 17 receipts ?

    05-02 03:09 PM

    I came to US on L1 Visa and later applied for COS to H1 last year. I work for consulting company. My client wants me to travel to Nigeria for 3-4 weeks for project implementation. I would like to if I can get my H1 Visa stamping there. Will there be any issues in getting the stamping and should I need to do any legal preparation for the same ?

    I would like to hear advice from seniors and anyone who has faced similar situation.

    Thanks and Regards,

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