Wednesday, June 29, 2011

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  • humty
    09-14 06:10 PM
    hello,

    Processing Type: Regular Processing
    Receipt Number: WAC081-465-XXXX
    Received Date: APR,24 2008
    Notice Number: N/A
    RFE Date:
    RFE Responded Date: sep 16 2008
    Status: RFE responded and case resumed

    iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
    what will i do?can i raise the service request?can i directly call to the uscis?

    please suggest me...




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  • frost_oni
    04-09 05:40 AM
    they're all very good! :thumb:




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  • BMS1
    09-16 06:45 AM
    Similar case
    http://immigrationvoice.org/forum/showthread.php?t=1242




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  • krishmunn
    07-14 03:16 PM
    It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check



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  • Blog Feeds
    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)




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  • nonlimit
    02-11 11:39 AM
    Hey Alabaman,

    First of all thanks for your reply.

    No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.

    2 points:

    1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).

    But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.

    Am I correct with this reasoning? Does the substantial presence test only count for the next year?

    2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.

    Christian



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  • moonrah
    10-16 09:51 AM
    I received A#. You can contact your lawyer and ask them. I haven't filed yet.




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  • pd_recapturing
    05-27 11:17 AM
    do we need to send passport size photos along with supporting documets after efiling ?



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  • micbil
    03-29 12:16 PM
    Hello,

    I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.

    Thanks




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  • grinch
    05-19 05:45 PM
    Thats the best style on these forums



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  • dave25
    01-24 02:32 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards




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  • Prashanthi
    04-08 05:56 PM
    When you file for a transfer to company C, the USCIS will see if the H-1 with company B was approvable or not before they agree to approve the H-1 with C. You have essentially created a bridge by filing the H-1 with company B. The USCIS has said that they would allow bridge petitions, however in order not to complicate things, i would convert company B H-1 to PP get the approval work for 1 month, get a paystub and then file a transfer.



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  • martinvisalaw
    03-23 09:12 AM
    Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

    You should be OK if the two locations are within the same MSA.




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  • tnite
    06-18 04:08 PM
    Hello ,
    We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
    My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.

    Do I have to fill out a seperate I-485 form for her ?
    Do I have to fill out a seperate I-765 form for her ?
    Do I have to fill out a seperate I-131 form for her?
    Do I have to fill out a seperate G-325 form for her ?
    Do I have to file the support affidavit(I-864) for her ?

    Please do take time to answer .

    Thanks

    you have to fill separate forms for yourself and your wife
    in your wife's application , a copy of approved I140 or pending receipt must be included and also the I -864

    Marriage certificate should be in both the applications.



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  • senthilnathank
    10-07 04:54 PM
    No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.




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  • sparuthi
    08-21 05:58 PM
    So guys just off the phone with a very decent IO at NSC . talked to her 30 mins, yes you are right 30 mins..which is unheard off..

    the questions that I asked were very simple

    Q1. Hello Maam, i would like to know the status of my I485
    A1. This is not the place to ask for status

    Q2: But, Maam, I wanted to know where my case stands as people with PDs and RDs later than mine (mine is March 2006 and July 26 2007) are being adjudicated
    A2: Well, we cannot disclose anybody else's case, but each case is different, so we dont know

    Q3: Okay, but can u tell me if my namecheck has been cleared (although i checked a week back and another IO told me it was cleared)
    A3: No, for privacy purposes we cannot disclose this info

    Q4: Okay then can you tell me why there was a LUD on my approved I40 on 7/13. (guess there were lots of us who had this)
    A4: Yes, I can tell you that, what is your Receipt number

    Q5. Here is my recpt number
    A5: Okay it looks like your I140 was filed at Texas and they sent the file over to us. we consolidated that with your I485

    Q6: Does that mean that my case is being worked upon
    A6: No it does not mean that. This step is one of many many steps that are required for 485 processing. so this will not tell you anything

    Q7: Is my case assigned to a IO
    A7: No we cannot give this info, and even if you have this info, it is useless info as the center is going towards Backlog.

    Q8: Then what is the meaning of processing dates as issued by USCIS
    A8: They dont mean much,. they are just a gestimation of where things stand, and as off now the centers are facing backlog. there is lot of restructuring going on within the centers. The place to check is on the website., any change will be reflected there and it is upto date.

    This was the gist of my call with the IO today.. w

    What is the bottom line?

    Sit tight and things will move only when USCIS wants.. nothing will happen otherwise..

    so guys good luck to all of us.....


    cheers



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  • waiting for GC2010
    11-18 09:32 AM
    Yes one must be a Greencard holder to attain unemployment benifits.
    Not permitted with EAD.




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  • dwl800
    06-09 01:23 PM
    Hi All,

    I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.

    If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....

    WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?




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  • gcslave
    07-07 10:09 PM
    Priority date is Mar 05.




    Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.

    Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:


    Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.


    Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.


    Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.







    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)




    diptam
    07-01 03:59 PM
    'Department of Homeland Security'

    But if you have put USCIS - dont pull your hairs. You are still okay.

    This should be "Department of Homeland Security" per Attorney.



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