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Rishikesh:

How much time did NSC take to approve your I-131 after you submitted the RFE?

I am in the similiar situation.

Please reply. Thanks


Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate

Thanks & Regards,


<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]


Hope this helps


QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]

BKarnik is partially correct, I got a H1 extension for 3 years after my I-140 approval but my lawyers had to specifically call USCIS' attention to the approved I-140. It is possible that your lawyers did a good job of putting together the H1 application so USCIS was aware of your GC application and cross checked and gave you a 3 year extension based on the approved I-140.

Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.

You have a decent amount of money in your account(s) and the bank should be obliging you. If I were you I would take my money out of the account and deposit it in a bank close to where I live (BOA has branches all over the US so that might be a good option) and then get a letter from that bank. You can then send this letter along with the statements for the last six months from the previous bank. Don't let this stupid bank treat you like this; if they are not giving you the letter then they don't deserve your business. Go to the local branch of a bank and tell them that you want to open and account and move $12000 from the other bank; there is a good chance they will give you a letter for free.

FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?

Hi,

I am working in US on L1 and my company would start my green card filling in next few months.

I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

But many of my friends told me that green card processing is faster on L1.

I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

Thanks in advance.

~Greeta

GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.

advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.

so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)

My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help

AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

Incorrect.

One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.


______________________
Not a legal advice.

hello WA members,

we need to get this chapter up and running again.
anyone still coordinating efforts?
anyone interested in getting things going again?

Hi,

I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?

Thanks.

I don't think it has anything to do with H1. I think its just a mistake on their part that they issued this to derivative instead of principal applicant. This is because they are asking for intended permanent employer letter and that terms of LC /I-140 is same. This seems typical of standard employment letter RFE that is issued to the principal applicant.

Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.

My Attorney is preparing the reply explaining my derivative applicant status, for all others docs like W2's, Tax returns etc. I am anyway submitting.

Hi,


I am in a unique situation as far as capture of earlier PD is concerned.

My company had filed an LC for me in EB3 with PD of Oct '03.

I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

I have got my I140 approved for the same and also 3yr ext. based on that as well.

My EB3 LC is approved as well now.

My question to somehow capture the PD of my EB3 LC.

Is it possible ? Is anyone in the same boat ?

Regards.

That is really cool man !!
2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
Thanks for sharing with us, lets see how the ball rolls out for me.

http://www.washingtonpost.com/wp-dyn/content/article/2007/06/16/AR2007061601360.html?hpid=topnews

Needless to say, one can register and post their comments there. Feel free to share your stories related to the above article.

First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.

Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.

get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

Good thing is that people will get interim benefits like EAD/AP.

First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly

Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I dont buy that.

If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.

But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.

Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.

How about if Company closes down ?

Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.

No.
The dates do mean something. While it does not mean anyone after the processing date will not be processed, people before these processing dates get a chance to raise a service request due to these processing times. Service centers project dates based on their workload. Lot of people are now eligible for AOS benefits due to the recent namecheck Memo. The EB3 ROW dates have also moved ahead in March Bulletin. There was a huge June , July rush of applications last year. All that may slow down the processing dates. IV has recently raised the issue of processing with USCIS and we are expecting some details be made public in the coming days.

get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

Good thing is that people will get interim benefits like EAD/AP.

First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly

I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(

But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?

agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

But then my dear.. where's the money...

Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...