rameshvaid
06-22 01:39 PM
Hello,
My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.
I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??
My application also returned for the same reason (no I485 receipt notice attached) from Phoenix. Not sure what to do at this time. I never received I485 receipt notices. Hence, I have attached biometric notices in place I485 receipt notices. I have added a cover letter requesting to expedite the process. I am not sure if this request caused some mental disturbance on the person who is supposed to work on my application and may have sent me rejected notice.
I got my wife's and sons entire packet back with the exact remarks, "Incorrect Check amount and no I 485 attached". I had both correct amount of 340.00 and Copy of I 140 attached..I e-filed on June 15th again and waiting to see this time what excuses they come out with now..I did get the receipt notices for both of them yesterday.. What a joke??
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paskal
12-11 11:50 AM
a recapture helps everone by moving the line forward and making dates current. there is also a parallel effort on to bring changes like 485 filing without PD being current. so no one ie being left behind or ignored. these efforts will help all of us affected by retrogression and stuck in different stages.
anilsal
12-14 09:28 AM
Please reply to this post and make yourself known.
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franklin
09-21 11:00 AM
Go ahead Paskal, close the thread.
1 last congrats to the singer though :)
1 last congrats to the singer though :)
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apahilaj
05-12 05:05 PM
This is the address I got when I submitted my application online.
U.S. Mail:
USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Thanks. I did not e-file my application. I had sent my package to the same address as yours (except for the Attn E-file line) via USPS.
Should I call USCIS to clarify things up or will they forward it to the Vermont center if it really needed to be mailed to vermont?
U.S. Mail:
USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Thanks. I did not e-file my application. I had sent my package to the same address as yours (except for the Attn E-file line) via USPS.
Should I call USCIS to clarify things up or will they forward it to the Vermont center if it really needed to be mailed to vermont?
gc03
01-25 07:59 AM
It does not do any good. In my opinion.
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shaq
02-14 08:32 AM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
Thank you
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raju123
07-12 04:13 PM
There is no second opinion that USCIS is wrong on morale ground for July VB issue. But I am not sure technically, they are right or wrong. They interpreted the law in their convenience. Here is what I see
What ever visa left for year 2007, they requested to use for July 2007. They kept ready all pre-adjudicated applications and assigned visa numbers on July 1 (Sunday). No one can stop them to send green card approval notice for visa assigned cases later. In a rush, they assigned visa number to few cases whose security check is still pending (technically this is wrong). They realize their mistake and now checking all the cases which are assigned visa numbers on July 1 whether security check is cleared or not. They are now approving the cases (with a slow speed) whose security check is cleared and assigned visa number on July 1. They are returning visa number which are assigned to cases whose security check is not clear.
This is my understanding.
Just trying to sum up the situation from USCIS perspective...
1) DOS releases July visa bulletin making all EB categories current (except for other workers)...hoping to force the USCIS to adjudicate cases and avoid wasting visa numbers as in previous years
2) This infuriates USCIS, and for whatever reasons (this has been debated enough already), they decide to use up all the FY2007 visa numbers in June itself and then force the DOS to revise the July bulletin in June itself...so no one can file in July.
3) Unfortunately, they run into issues going through with their plan of using up all visa numbers in June
4) July 1st and morning of July 2nd...they still are working frantically to use up the numbers to avoid new July filers. But by now, it is July already and they have failed in their original mission (see 2 above). Now they start panicking and do some dumb stuff (in violation of their own regulations). They approve I-485's of some folks who were ready for approval (processing complete and FBI check cleared), but whose dates were not current. They also pre-requested some numbers for folks whose dates were current, but processing was not complete i.e. FBI check was not cleared.
5) Late morning July 2nd: By requesting all available numbers from DOS and exhausting FY2007 quota, they forced DOS to revise the July bulletin, which was unprecedented.
6) July 5th and later: It is now post July-2nd, and USCIS still has cases for which they pre-requested numbers. Now the problem is that even if the FBI check comes through for those cases, they cannot approve them because technically, all numbers have been used up for FY 2007. So they start returning numbers to DOS. They also decide NOT the send the applications of people who filed on July 2nd or later back while they decide on the next course of action...
I think this will have major implications for both USCIS and DOS. The key for USCIS was to exhaust visa numbers on or before June 29th to achieve their obejective without repercussions...and force DOS to revise the bulletin in June itself...and they failed miserably at it.
And now they will have to pay. I know some people are thinking please let USCIS just sweep it under the carpet and just allow us to file our cases...no harm done. But I diasgree...what they have done is shameful. And they should be made to pay for playing with our lives. They should never be able to even think of doing something like this again. And their operations should have direct congress/DOS oversight so they cannot get away with snail-paced processing wasting visas ever again...
What ever visa left for year 2007, they requested to use for July 2007. They kept ready all pre-adjudicated applications and assigned visa numbers on July 1 (Sunday). No one can stop them to send green card approval notice for visa assigned cases later. In a rush, they assigned visa number to few cases whose security check is still pending (technically this is wrong). They realize their mistake and now checking all the cases which are assigned visa numbers on July 1 whether security check is cleared or not. They are now approving the cases (with a slow speed) whose security check is cleared and assigned visa number on July 1. They are returning visa number which are assigned to cases whose security check is not clear.
This is my understanding.
Just trying to sum up the situation from USCIS perspective...
1) DOS releases July visa bulletin making all EB categories current (except for other workers)...hoping to force the USCIS to adjudicate cases and avoid wasting visa numbers as in previous years
2) This infuriates USCIS, and for whatever reasons (this has been debated enough already), they decide to use up all the FY2007 visa numbers in June itself and then force the DOS to revise the July bulletin in June itself...so no one can file in July.
3) Unfortunately, they run into issues going through with their plan of using up all visa numbers in June
4) July 1st and morning of July 2nd...they still are working frantically to use up the numbers to avoid new July filers. But by now, it is July already and they have failed in their original mission (see 2 above). Now they start panicking and do some dumb stuff (in violation of their own regulations). They approve I-485's of some folks who were ready for approval (processing complete and FBI check cleared), but whose dates were not current. They also pre-requested some numbers for folks whose dates were current, but processing was not complete i.e. FBI check was not cleared.
5) Late morning July 2nd: By requesting all available numbers from DOS and exhausting FY2007 quota, they forced DOS to revise the July bulletin, which was unprecedented.
6) July 5th and later: It is now post July-2nd, and USCIS still has cases for which they pre-requested numbers. Now the problem is that even if the FBI check comes through for those cases, they cannot approve them because technically, all numbers have been used up for FY 2007. So they start returning numbers to DOS. They also decide NOT the send the applications of people who filed on July 2nd or later back while they decide on the next course of action...
I think this will have major implications for both USCIS and DOS. The key for USCIS was to exhaust visa numbers on or before June 29th to achieve their obejective without repercussions...and force DOS to revise the bulletin in June itself...and they failed miserably at it.
And now they will have to pay. I know some people are thinking please let USCIS just sweep it under the carpet and just allow us to file our cases...no harm done. But I diasgree...what they have done is shameful. And they should be made to pay for playing with our lives. They should never be able to even think of doing something like this again. And their operations should have direct congress/DOS oversight so they cannot get away with snail-paced processing wasting visas ever again...
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sertasheep
07-05 04:04 PM
I WOULD LIKE TO REQUEST ALL MEMBERS TO UPDATE THEIR PROFILES WITH NAME, TELEPHONE NUMBER(MOST RELIABLE) AND EMAIL ADDRESSES ALONG WITH CURRENT GC STATUS AND CLASS OF ADMISSION
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ganguteli
02-05 08:03 PM
Help!!
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
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abhilashny11
12-02 06:02 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
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gcnirvana
12-05 07:28 PM
Thats correct. What I meant was, if you're planning to come back before 04/30 then are you planning to come back with the current visa or are you planning to get the new one stamped?
Also, you don't have a date gap in your visa in the passport. I-94 expires 04/2007 and have a new 797 from 05/2007. So I think you are good. But in my case, my I-94 expires 01/2007 and I have 2 797s: one expires Jun 2007 and the other one will be from Jun 2007 to Jun 2010. So if my visa is given based on my latest 797 (3yr based on I140) then how do I enter US before Jun 2007?
What do you mean? I thought we can only get it stamped outside US.
That is what my attorney kind of said as well. The thing is there is really no
"start date" on the visa stamp so clubbing the I797's is effectively the same
as honoring the second I797 (as far as the date on the I797 is concerned).
My only concern in that case if the officer at the port of entry has any issues because of the two I797's.
Also, you don't have a date gap in your visa in the passport. I-94 expires 04/2007 and have a new 797 from 05/2007. So I think you are good. But in my case, my I-94 expires 01/2007 and I have 2 797s: one expires Jun 2007 and the other one will be from Jun 2007 to Jun 2010. So if my visa is given based on my latest 797 (3yr based on I140) then how do I enter US before Jun 2007?
What do you mean? I thought we can only get it stamped outside US.
That is what my attorney kind of said as well. The thing is there is really no
"start date" on the visa stamp so clubbing the I797's is effectively the same
as honoring the second I797 (as far as the date on the I797 is concerned).
My only concern in that case if the officer at the port of entry has any issues because of the two I797's.
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rajubuthi
08-17 08:07 PM
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
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kumar1
11-13 09:31 AM
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
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waitnwatch
05-06 06:56 PM
I was wondering how L1 can be allowed instate tuition while H1-B's have to pay out of state according to the Arizona list. What exactly is the fundamental difference between the 2 which results in L1's fulfilling the requirements?
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
My son was able to get in-state tuition at Arizona State University after we filed an appeal. The new rule allows those who have filed I-485 to get in-state tuition.
http://students.asu.edu/files/Visa%20Types%20and%20Residency%20Eligibility.pdf
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
My son was able to get in-state tuition at Arizona State University after we filed an appeal. The new rule allows those who have filed I-485 to get in-state tuition.
http://students.asu.edu/files/Visa%20Types%20and%20Residency%20Eligibility.pdf
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gcnotfiledyet
04-21 01:04 AM
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
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vardinishankar
03-02 03:11 PM
Thanks Krishna and snathan! That answers most of my questions.
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
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Macaca
01-27 09:49 AM
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
I have not filed for I-485 and neither am I close. I feel I-485 is much more controversial interim relief then most members think. This is explained in a post (from a law firm) in another forum. Another reason for my feeling is that AILA is not supporting I-485 filing for health care: they are supporting a temporary 25K-75K increase in GCs. It is possible that health care GC does not have I-485.
You have to choose an issue that has a chance of getting through rather then an issue that most persons want or is logical. I will be surprised if I-485 filing as interim interim relief reaches the bill state and/or the bill gets approved in Senate + Congress.
I do not consider this to be a reason to move away from IV. I agree with some requests that require IV to explain their finances and dis-agree with some IV decisions. In particular, I very strongly dis-agree with some topics + language + tone allowed in the forums. As we are seeing, it is turning people away from IV.
However, based on the big picture and the attitude of core, I will roll with them on any issue they decide to pursue.
I have not filed for I-485 and neither am I close. I feel I-485 is much more controversial interim relief then most members think. This is explained in a post (from a law firm) in another forum. Another reason for my feeling is that AILA is not supporting I-485 filing for health care: they are supporting a temporary 25K-75K increase in GCs. It is possible that health care GC does not have I-485.
You have to choose an issue that has a chance of getting through rather then an issue that most persons want or is logical. I will be surprised if I-485 filing as interim interim relief reaches the bill state and/or the bill gets approved in Senate + Congress.
I do not consider this to be a reason to move away from IV. I agree with some requests that require IV to explain their finances and dis-agree with some IV decisions. In particular, I very strongly dis-agree with some topics + language + tone allowed in the forums. As we are seeing, it is turning people away from IV.
However, based on the big picture and the attitude of core, I will roll with them on any issue they decide to pursue.
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wildvoice
12-11 02:35 PM
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
rongha_2000
05-13 05:45 PM
^^^^^^^^^^^^
guyfromsg
05-30 09:26 PM
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
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