JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
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raminmd
08-14 06:04 PM
Hi guys, thanks for the replies...that is a touch reassuring
I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?
Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.
I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?
Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.
narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
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genscn
07-30 01:34 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Thanks for clarifying/
I believe my 140 was sent to Texas.
No , I dont work for CTS.
Thanks for clarifying/
I believe my 140 was sent to Texas.
No , I dont work for CTS.
more...
sin94
11-11 01:09 AM
--------------------------------------------------------------------------------
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
prout02
08-13 07:49 PM
My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.
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rrkany
10-20 08:58 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Thanks
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starscream
04-30 04:03 PM
did the committee question Greenspan about any issues related to us EB GC issues?
Please update anyone
Please update anyone
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cdeneo
03-25 09:36 PM
Is delivery confirmation possible for PO Box addresses?
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
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bluez25
07-22 06:03 PM
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
more...
amitga
04-12 07:27 PM
I am even willing to pay $10K per family member to get a GC. Only condition is that they should process it in the same way as other Premium processing. It should not take years in Name check or any other processing after paying this kind of money.
Australia has similar plan for parent Visa. Any Permanent Resident can pay Approx 20K Aus$ and get a permanent Resident Visa for parents.
Australia has similar plan for parent Visa. Any Permanent Resident can pay Approx 20K Aus$ and get a permanent Resident Visa for parents.
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gveerab
12-30 08:57 PM
hi,
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
more...
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sunnymit
05-10 01:55 PM
where is the delay? It usually comes out around 12th (give or take a day or two) of every month..
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inskrish
10-21 10:47 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
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Kapils573
01-25 08:22 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
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coopheal
08-01 09:23 AM
I forgot my password, and security question’s answer.
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
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madhusrini
05-31 04:58 PM
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
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HOPE_GC_SOON
07-19 04:35 PM
Thanks Meridiani.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
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waitin_toolong
09-17 10:52 AM
I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
johnwright03
02-23 08:03 PM
Folks,
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
suren
10-08 10:04 AM
My wifes H1b also expired and she is dependent on I 485. She has valid EAD. wht is the present status of her. Is she able to apply for H1b or not.
Please let me know.
Thanks for your help
Please let me know.
Thanks for your help
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