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GC_1000Watt

10-12 09:57 PM

jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.

You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.

You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.

Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?

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GetGC08

05-11 09:14 AM

You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.

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jq45

06-15 10:49 AM

I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.

The representative I talked to checked with her supervisor, and her response was the following:

- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).

In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.

Thank you to everyone for their quick responses!

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Dhundhun

04-29 06:19 PM

Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.

Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..

BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.

Thanks Gbof. I remember of writing check correctly.

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broadcaster

11-19 10:28 AM

Thanks for the information. On november 9, 2007, I called using other options and CSR level 2 took my data to begin a report. Today, I followed your instructions to check if there was a more effective way to obtain an aswer, but I am really dissapointed. CSR used my name to look in their system. The only thing that she could found was my H visa application. She never mentioned that there was an investigation due to my call of november 9. Finally she just asked me to wait 30 more days, and neven mention the option to place a report.

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kumar1305

01-20 01:31 PM

All those guys are gone. Were we late coming to the USA?

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LookingForGC

12-09 02:51 AM

Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.

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jgh_res

07-18 11:09 AM

You need to bump this thread zillion times, before you get like 100 contributions. People are busy filing for 485 now and later on busy waiting for ead's and later on busy getting their infopass appointments and the list goes on... forever.



^^

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ras

04-10 03:31 AM

How many days did the response delayed?

Is the decision by USCIS being taken before the response was reached?

Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?

I guess, this would help analyse the situation

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aranya

07-03 06:30 PM

So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..

You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.

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buddyinsd

02-07 01:02 PM

The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.

Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)

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sankap

07-20 03:25 PM

Thanks!

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vparam

10-31 11:25 PM

Are you sure that you do not fall in any of the 4 category, since one refers to date of birth...

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sbdol

07-21 07:11 PM

My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?

Thanks for your input.

Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.

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newyorker123

09-28 10:06 AM

I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

Again my original question can I submit another FOIA just to get the I-140 approval notice???

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Shenner

06-04 06:19 PM

We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.

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anilsal

01-06 08:24 PM

a while back I had read on the forums (do not know whether it was IV or elsewhere) where a guy got a visit from USCIS because he availed unemployment benefits for sometime.

I have also read about people getting benefits on AOS without any trouble.

Again, it is better to be safe.

Consult your lawyer.

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martinvisalaw

04-06 12:48 PM

The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.

I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.

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sushilup

08-19 03:50 PM

Rajarao,

I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.

I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007

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md2003

04-02 09:35 AM

I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.

Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.


Not sure which one is correct.

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immihelp1

10-12 09:57 AM

you can show either passport or driving licence. They won't ask anything in specific.

It's your call

Thanks,

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