Appu
08-18 04:49 PM
I am hoping someone can shed some light on this situation:
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
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rs_nyuser
12-14 08:13 PM
Gurus
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
sushilup
02-08 09:01 AM
Thank you for sharing your case.
It might help lot of people to plan accordingly and not get stuck ...
VISA things are getting ridicules
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
It might help lot of people to plan accordingly and not get stuck ...
VISA things are getting ridicules
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
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idark
06-23 07:21 AM
Yes it's a animal from my mind :) And thanks Maqrkk!
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Blog Feeds
05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
gc_lover
07-02 08:55 AM
Where did you hear?
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lost
07-21 09:32 AM
Hi,
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
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vayumahesh
06-04 02:30 PM
Last year, When I filed I-485/EAD/AP, I wrote the check in favor of DHS (abbreviated) and it was accepted.
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Charleh
11-30 11:04 AM
Well I'm not sure about datalists but assuming you have edited the object in memory the binding should reflect the edits. If not I usually just write a Requery method which queries the data source again and rebinds the offending control
You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).
It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)
You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).
It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)
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ashrock11
06-14 12:12 AM
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
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yogi13
06-28 10:24 AM
My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
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arthi123
11-18 03:05 PM
Hello,
I have a h1b stamping appointment at the Chennai Consulate on the 29th of Nov.
I am in my 7th yr of h1b.My 3 yr extension has been approved based on aprroved I-140.
I have a question on the approved I-140.I do not have the original I-797 for my I-140 approval.
Will I need it for the interview?
I have the original I-797 for the h1b extension approval but not for the I-140.I only have a copy.
My company immigration team said its not needed.
is this correct?
Thanks,
arthi
I have a h1b stamping appointment at the Chennai Consulate on the 29th of Nov.
I am in my 7th yr of h1b.My 3 yr extension has been approved based on aprroved I-140.
I have a question on the approved I-140.I do not have the original I-797 for my I-140 approval.
Will I need it for the interview?
I have the original I-797 for the h1b extension approval but not for the I-140.I only have a copy.
My company immigration team said its not needed.
is this correct?
Thanks,
arthi
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alex05
04-05 09:27 AM
what is the 2nnd RFE about? Is it related to the first one?
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Munna Bhai
01-30 12:35 PM
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.
So bottom line, employer should agree.
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.
So bottom line, employer should agree.
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gg_ny
10-18 10:46 AM
Hi,
I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.
-gg_ny
I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.
-gg_ny
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gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
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hoolahoous
02-10 10:54 AM
some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)
-----------------------------------------
I am not a lawyer. do not take this as a legal advice.
saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)
-----------------------------------------
I am not a lawyer. do not take this as a legal advice.
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yestogc
05-04 09:03 PM
YES, I just checked it is just the employee and not his family.
Thanks for correcting.
Thanks for correcting.
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immi_enthu
08-10 06:38 PM
why the delay even in saying to wait for 90 days ?
Lukus
04-08 05:22 PM
dont forget Heavenly Ectheo ;)
and Kirupa, we're not using the stamps for anything profitable, I can't see how the bands would be offended at all :) No different to making my Avatar a Tool logo :)
And, shouldn't that apply to the Apple stamps too? :)
and Kirupa, we're not using the stamps for anything profitable, I can't see how the bands would be offended at all :) No different to making my Avatar a Tool logo :)
And, shouldn't that apply to the Apple stamps too? :)
feedfront
09-17 09:55 AM
I have not seen this situation with anybody else on forum. Talk to good attorney, they should help you out.
RFE is time sensitive. So act fast.
Good Luck!
RFE is time sensitive. So act fast.
Good Luck!
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