yabayaba
11-10 04:15 PM
This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
WaldenPond
06-29 09:04 AM
Hello jkays94,
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
navyug
10-13 10:22 PM
Hi,
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
binadh
07-09 01:52 PM
I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???
I learned my lesson and just want to teach him something out of this as well. HELP ME here?
Lawyers do not refund any payments (period).
An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.
I learned my lesson and just want to teach him something out of this as well. HELP ME here?
Lawyers do not refund any payments (period).
An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.
more...
jscris
July 15th, 2004, 12:39 PM
Excellent shot! Looks like they're ready to fly. Which lens?
Right now the temperature makes me happy to find anything I can shoot from the comfort of the car or close (heat indices over 100).
Right now the temperature makes me happy to find anything I can shoot from the comfort of the car or close (heat indices over 100).
dtekkedil
07-03 10:03 AM
I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:
Maybe a stinky garden weed. It's the thought that counts:D.
LOL!
You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)
Maybe a stinky garden weed. It's the thought that counts:D.
LOL!
You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)
more...
abcdefgh
01-03 11:19 AM
just paid: 22.XX
Receipt ID: 07M99091AL872601P
Mytotal:122.xx
Receipt ID: 07M99091AL872601P
Mytotal:122.xx
GIC
01-09 03:07 PM
Extrapolating the Einstein equation E =mc2 I get the following results :
EB3 June 01
EB2 Dec 2000
Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???
EB3 June 01
EB2 Dec 2000
Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???
more...
absaarkhan
01-29 10:18 AM
To Anantc
Yes She can work as long as the EAD is Valid.
Yes She can work as long as the EAD is Valid.
gcseeker2002
02-12 05:17 PM
Folks,
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
My company cries about the costs for regular process, forget premium process , so i dont know.
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
My company cries about the costs for regular process, forget premium process , so i dont know.
more...
a1b2c3
12-19 02:09 AM
These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!
The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.
However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!
The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.
sampath
05-26 11:29 AM
Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?
more...
alterego
12-12 07:03 PM
My guess is they retrogressed to basically stem demand completely as they felt they had used too many visas too soon, and that is where they decided they need to put the date to extinguish demand. Last month they tried Jan. 2002, but quite clearly that did not have the desired impact. Hence the further move backward.
This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)
The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.
This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)
The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.
amsgc
03-31 03:05 PM
Thank you for sharing your experience.
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.
Perhaps there are others who can throw some light here.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
more...
raj7480
05-24 02:58 PM
I think Quinn Gillespie will also opine on that and IV can take it from there.
I have some exp doing this for my company. If you need any help...let me know.
I have some exp doing this for my company. If you need any help...let me know.
slc_ut
01-17 11:59 AM
nirenjoshi,
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
more...
dixie
08-09 11:26 AM
It is true that big businesses are putting a lot of pressure to initiate legal immigration reform, so while there is certainly room for optimism, we cannot sit still and just wait for things to happen. That is what legal immigrants have been doing for generations and we now know the mess that we are in. In contrast, look at the illegal immigrants. They create a lot of sound and fury, and ultimately even though nobody likes illegal immigration, an amnesty(or something close) is almost inevitable every 20 years or so.
IV is the first organization to initiate activism among legal immigrants. We are not that powerful right now, but we have already seen what activism can do. See the dramatic increase in coverage of legal immigration issues in the media. I cannot recall anything being published about our plight before. Those who say IV has done is ineffective should remember that a journey of a thousand miles begins with a single step.IV has taken that important first step.
I don't know.
My friend same something that it makes sense;
Don't expect to see any real improvement throughout the Pres. Bush Administration. Remember politicians do shows. Even the current SKIL bill seems to be way unilateral and that would not be welcome by American voters either. I think until lawmakers truly stop listening to lobbysts and bring a true balanced bill to the table, we will see lots of "shows", but no real result.
It may happen someday, but I don't count on it necessarily in 2007.
IV is the first organization to initiate activism among legal immigrants. We are not that powerful right now, but we have already seen what activism can do. See the dramatic increase in coverage of legal immigration issues in the media. I cannot recall anything being published about our plight before. Those who say IV has done is ineffective should remember that a journey of a thousand miles begins with a single step.IV has taken that important first step.
I don't know.
My friend same something that it makes sense;
Don't expect to see any real improvement throughout the Pres. Bush Administration. Remember politicians do shows. Even the current SKIL bill seems to be way unilateral and that would not be welcome by American voters either. I think until lawmakers truly stop listening to lobbysts and bring a true balanced bill to the table, we will see lots of "shows", but no real result.
It may happen someday, but I don't count on it necessarily in 2007.
Ann Ruben
07-20 07:03 AM
The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.
teddy the dog
07-21 11:58 AM
I heard gossip that the USCIS agentssss (4 s because a lot of agentssss) specially delivered the GC document to his house. That is why our receipt and backlog still not clear (they too busy).;) But don't worry they know IV will protest this discrimination, so they will work really hard to help us too.:D
needhelp!
10-09 05:56 PM
for your help in the past and look forward to continue working with you.
meyshimmi
02-09 11:07 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
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