javadeveloper
08-18 05:27 PM
Thanks for the responses.I don't know how they managed but some of my friends got approvals in EB2.
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mishra123
07-21 08:30 AM
Hello :
My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.
First Renewal Attempt :
I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :
The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.
The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).
Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.
Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.
Second Renewal Attempt :
So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.
This new app reached USCIS on June 1, 2010.
It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.
Needless to say, I was confused, frustrated, angry, sad...and everything in between.
Starting Third Attempt :
Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.
I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...
a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)
b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
Dear cyclone_p
What happend to your third EAD falling? My EAD is going to expire on 6th August 2010. Don't know what to do. Please reply ASAP.
Third time e-file by Attorney. Paper send to Nebraska. So far no receipt.
My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.
First Renewal Attempt :
I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :
The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.
The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).
Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.
Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.
Second Renewal Attempt :
So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.
This new app reached USCIS on June 1, 2010.
It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.
Needless to say, I was confused, frustrated, angry, sad...and everything in between.
Starting Third Attempt :
Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.
I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...
a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)
b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
Dear cyclone_p
What happend to your third EAD falling? My EAD is going to expire on 6th August 2010. Don't know what to do. Please reply ASAP.
Third time e-file by Attorney. Paper send to Nebraska. So far no receipt.
desi3933
03-18 02:11 PM
As far as I know, the only obligation for the company is to provide a return air ticket to your home. Other than that, you are on your won!
I agree with you.
Technically, as per regulations, "home" means last known foreign address (8 CFR Section 214.2 h.4.iii E).
My past post related to this -
http://immigrationvoice.org/forum/showpost.php?p=320134&postcount=36
____________________
Not a legal advice
US citizen of Indian origin
I agree with you.
Technically, as per regulations, "home" means last known foreign address (8 CFR Section 214.2 h.4.iii E).
My past post related to this -
http://immigrationvoice.org/forum/showpost.php?p=320134&postcount=36
____________________
Not a legal advice
US citizen of Indian origin
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qualified_trash
09-27 01:18 PM
I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
... Maybe swiss bank accounts are key to it ! ;)
http://en.wikipedia.org/wiki/List_of_Swiss_companies
actually they do a lot more than tourism........
... Maybe swiss bank accounts are key to it ! ;)
http://en.wikipedia.org/wiki/List_of_Swiss_companies
actually they do a lot more than tourism........
more...
laborlabor
02-28 08:41 PM
This is great I guess the decision to hire a strategic counsel is clearly proving to be right..
belmontboy
12-02 06:39 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
Did he also mention that to qualify for EB1 you have to be from Mars? :D
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
Did he also mention that to qualify for EB1 you have to be from Mars? :D
more...
ebizash
02-08 12:44 PM
Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
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addsf345
11-04 03:07 PM
I am also trying to stay afloat through the very debatable AC21 process. Currently, my case is being handled by Ron Gotcher and I have been very happy with all the help and support so far. Not to mention, they are really reasonable.
Thanks for sharing. I don't think AC21 is very debatable as I have seen ppl used AC21 and currently holding GC without any unwanted issues.
BTW When did you assigned your case to him? is it very recently?
Thanks for sharing. I don't think AC21 is very debatable as I have seen ppl used AC21 and currently holding GC without any unwanted issues.
BTW When did you assigned your case to him? is it very recently?
more...
prasadn
11-12 04:20 PM
LEBANON
Visa can be obtained on arrival under certain conditions to:
- businessmen and other top professionals residing in a GCC
member country (see TIRGL/GCC ); OR
- businessmen with prior approval from Lebanese Immigration; OR
- tourist groups.
LIBERIA
Visa required.
If arriving from a country without diplomatic representation of
Liberia: visa issue on arrival possible if holding telex confirmation
from the station manager of delivering airline.
MACAO
Visa not required for a stay of max. 30 days.
MADAGASCAR
Visa required. A 90 days visa can be obtained on arrival.
MALAYSIA
Visa required. However, if coming for touristic purposes, visa can be obtained
on arrival, for a max. stay of 30 days.
MALDIVES
Visa required, which can be obtained on arrival for:
1. a max. stay of 30 days, provided holding:
- hotel confirmation; and
- sufficient funds to cover stay; and
- onward/return ticket for next destination.; OR
2. a stay of more than 30 days, to a max. stay of 90 days,
provided passenger has:
- a local sponsor, who must inform Immigration at Male at
least 1 day prior to passengers arrival; and
- onward/return ticket for next destination.
MAURITIUS
Visa not required for a max. stay of 15 days for touristic purposes only.
MICRONESIA
Visa not required for a stay of max. 30 days, provided coming for
touristic or visitor purposes.
MOLDOVA
Visa required, which can be obtained on arrival at Chisinau Airport provided:
- arriving from a country without diplomatic representation of
Moldova.
MONTSERRAT
Visa not required for a max. stay of:
- 3 months, provided travelling with passport;
- 14 days when travelling with other documents.
MOZAMBIQUE
Visa required. However, if coming for touristic or business purposes, visa can
be obtained on arrival (at airport only).
NEPAL
Visa not required.
NIUE
Visa not required for a stay up to 30 days provided holding:
- confirmed return/onward ticket; AND
- documents required for return/onward journey; AND
- sufficient funds.
NORTHERN MARIANA ISLANDS
Visa required. However, if holding U.S. entry visa, visa not required
for a max. stay of 30 days, provided U.S. visa:
- is valid for 60 days from entry date into CNMI; AND
- allows re-entry back into the U.S.A. on departure.
PALAU ISLANDS
Visa required, which can be obtained on arrival for a stay of max. 30 days.
PUERTO RICO
If arriving directly from Mainland U.S.A., Alaska, Guam, Hawaii or
U.S. Virgin Islands no entry documents required due to no immigration
control.
QATAR
Visa required.
The following visas can be obtained on arrival:
- 14 day tourist visa, provided application submitted to
airport immigration at least 24 hours before arrival by
any of the registered hotels in Doha.
Passenger must also hold proof of confirmed hotel
reservation and at least USD 1,400.- or any major credit
card; OR
- 7 day business visa can be issued at Doha airport
provided notification received at least 48 hours prior to arrival.
SAMOA
Visa not required if holding a visitor's permit, which can be obtained
on arrival for a stay of max. 60 days.
SAO TOME & PRINCIPE
Visa required.
Visa may only be granted on arrival provided prior arrangements have
been made by transporting carrier up to 24 hours prior to flight
departure. Max. stay of one month allowed.
SEYCHELLES
Visa not required as Visitor's Permit for 1 month (depends on validity
of ticket) will be issued on arrival provided holding:
- onward/return ticket or otherwise ticket must be purchased on
arrival; AND
- sufficient funds (USD 150.- per day) and proof of
accommodation during stay.
SIERRA LEONE
Visa required. However, visa on arrival is also possible under
following conditions:
- no diplomatic representation of Sierra Leone at point of
origin; AND
- sponsor or contact person in Sierra Leone should arrange
Landing Permit with the Principal Immigration Officer.
Details of such Landing Permit should be given to the
Station Manager of transporting airline at least 48 hours
prior to arrival.
SRI LANKA
Visa required, which can be obtained on arrival for a touristic stay
of max. 30 days.
ST. KITTS-NEVIS
Visa not required for a stay of max. 3 months.
ST. VINCENT AND THE GRENADINES
Visa not required for a max. stay of 1 month.
TANZANIA
Visa required, which can be obtained on arrival.
THAILAND
Visa required.
Visa can be obtained on arrival (ONLY at Bangkok, Chiang Mai,
Chiang Rai, Hat Yai, Phuket, Samui Int'l, Sukhothai, Surat
Thani, Utapao airports) for a stay of max. 15 days, provided:
- coming for touristic purposes; AND
- passport is valid at least 6 months; AND
- holding onward/return ticket; AND
- holding USD 250.- per person or USD 500.- per family.
TIMOR LESTE
Entry Permit can be obtained on arrival for a max. stay of 30 days.
TOGO
Visa required, which can be obtained on arrival for max. 7 days.
TURKS & CAICOS ISL.
Visa not required for a stay of max. 30 days.
TUVALU
Visa required, which can be obtained on arrival for a stay of max. one month.
UGANDA
Visa required, which can be obtained on arrival.
VANUATU
Visa not required for a max. stay of 30 days.
VIRGIN ISLANDS (BRITISH)
Visa not required for a stay of max. 30 days.
Visa can be obtained on arrival under certain conditions to:
- businessmen and other top professionals residing in a GCC
member country (see TIRGL/GCC ); OR
- businessmen with prior approval from Lebanese Immigration; OR
- tourist groups.
LIBERIA
Visa required.
If arriving from a country without diplomatic representation of
Liberia: visa issue on arrival possible if holding telex confirmation
from the station manager of delivering airline.
MACAO
Visa not required for a stay of max. 30 days.
MADAGASCAR
Visa required. A 90 days visa can be obtained on arrival.
MALAYSIA
Visa required. However, if coming for touristic purposes, visa can be obtained
on arrival, for a max. stay of 30 days.
MALDIVES
Visa required, which can be obtained on arrival for:
1. a max. stay of 30 days, provided holding:
- hotel confirmation; and
- sufficient funds to cover stay; and
- onward/return ticket for next destination.; OR
2. a stay of more than 30 days, to a max. stay of 90 days,
provided passenger has:
- a local sponsor, who must inform Immigration at Male at
least 1 day prior to passengers arrival; and
- onward/return ticket for next destination.
MAURITIUS
Visa not required for a max. stay of 15 days for touristic purposes only.
MICRONESIA
Visa not required for a stay of max. 30 days, provided coming for
touristic or visitor purposes.
MOLDOVA
Visa required, which can be obtained on arrival at Chisinau Airport provided:
- arriving from a country without diplomatic representation of
Moldova.
MONTSERRAT
Visa not required for a max. stay of:
- 3 months, provided travelling with passport;
- 14 days when travelling with other documents.
MOZAMBIQUE
Visa required. However, if coming for touristic or business purposes, visa can
be obtained on arrival (at airport only).
NEPAL
Visa not required.
NIUE
Visa not required for a stay up to 30 days provided holding:
- confirmed return/onward ticket; AND
- documents required for return/onward journey; AND
- sufficient funds.
NORTHERN MARIANA ISLANDS
Visa required. However, if holding U.S. entry visa, visa not required
for a max. stay of 30 days, provided U.S. visa:
- is valid for 60 days from entry date into CNMI; AND
- allows re-entry back into the U.S.A. on departure.
PALAU ISLANDS
Visa required, which can be obtained on arrival for a stay of max. 30 days.
PUERTO RICO
If arriving directly from Mainland U.S.A., Alaska, Guam, Hawaii or
U.S. Virgin Islands no entry documents required due to no immigration
control.
QATAR
Visa required.
The following visas can be obtained on arrival:
- 14 day tourist visa, provided application submitted to
airport immigration at least 24 hours before arrival by
any of the registered hotels in Doha.
Passenger must also hold proof of confirmed hotel
reservation and at least USD 1,400.- or any major credit
card; OR
- 7 day business visa can be issued at Doha airport
provided notification received at least 48 hours prior to arrival.
SAMOA
Visa not required if holding a visitor's permit, which can be obtained
on arrival for a stay of max. 60 days.
SAO TOME & PRINCIPE
Visa required.
Visa may only be granted on arrival provided prior arrangements have
been made by transporting carrier up to 24 hours prior to flight
departure. Max. stay of one month allowed.
SEYCHELLES
Visa not required as Visitor's Permit for 1 month (depends on validity
of ticket) will be issued on arrival provided holding:
- onward/return ticket or otherwise ticket must be purchased on
arrival; AND
- sufficient funds (USD 150.- per day) and proof of
accommodation during stay.
SIERRA LEONE
Visa required. However, visa on arrival is also possible under
following conditions:
- no diplomatic representation of Sierra Leone at point of
origin; AND
- sponsor or contact person in Sierra Leone should arrange
Landing Permit with the Principal Immigration Officer.
Details of such Landing Permit should be given to the
Station Manager of transporting airline at least 48 hours
prior to arrival.
SRI LANKA
Visa required, which can be obtained on arrival for a touristic stay
of max. 30 days.
ST. KITTS-NEVIS
Visa not required for a stay of max. 3 months.
ST. VINCENT AND THE GRENADINES
Visa not required for a max. stay of 1 month.
TANZANIA
Visa required, which can be obtained on arrival.
THAILAND
Visa required.
Visa can be obtained on arrival (ONLY at Bangkok, Chiang Mai,
Chiang Rai, Hat Yai, Phuket, Samui Int'l, Sukhothai, Surat
Thani, Utapao airports) for a stay of max. 15 days, provided:
- coming for touristic purposes; AND
- passport is valid at least 6 months; AND
- holding onward/return ticket; AND
- holding USD 250.- per person or USD 500.- per family.
TIMOR LESTE
Entry Permit can be obtained on arrival for a max. stay of 30 days.
TOGO
Visa required, which can be obtained on arrival for max. 7 days.
TURKS & CAICOS ISL.
Visa not required for a stay of max. 30 days.
TUVALU
Visa required, which can be obtained on arrival for a stay of max. one month.
UGANDA
Visa required, which can be obtained on arrival.
VANUATU
Visa not required for a max. stay of 30 days.
VIRGIN ISLANDS (BRITISH)
Visa not required for a stay of max. 30 days.
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Gowtham Nalluri
06-25 02:31 PM
Here is what I heard from my lawyer..
If you've your I-797 approved till say April'2008 and while entering USA if a new I-94 is issued with an earliear date say dec 2007. Then automatically your I-797 expires on dec 2007 (basically the date on the I-94) because I-94 has higher precedence than the dare on I-797 and the date on the visa stamp in your passport. You've to apply for new I-797 and get an approval before the expiry date of your I-94 to maintain status, if you want to continue on h1-b.
Going on EAD is an other option, if you have it....so please check with your lawyer immediately.
If you've your I-797 approved till say April'2008 and while entering USA if a new I-94 is issued with an earliear date say dec 2007. Then automatically your I-797 expires on dec 2007 (basically the date on the I-94) because I-94 has higher precedence than the dare on I-797 and the date on the visa stamp in your passport. You've to apply for new I-797 and get an approval before the expiry date of your I-94 to maintain status, if you want to continue on h1-b.
Going on EAD is an other option, if you have it....so please check with your lawyer immediately.
more...
Dhundhun
11-29 11:12 PM
While it is possible to claim parents on B2 Visa as dependent, after they pass presence test, they have to include their world-wide income in the tax return.
IRS don't have time to chase, if world-wide income of parents are not reported. For that matter, many people get away without their own world-wide income. It may be risky, there was news in Indian News Papers, that now IRS has started tracking investments done in India.
But anyways, whatever I know, it is possible to claim parents on B2 Visa as dependent, after they pass presence test. They can get ITIN.
===
Another example a professor visiting in USA, when gets cash award, to claim the award (s)he has to get ITIN and gets taxed at source, even stay is for days or weeks. If his/her country has tax treaty, (s) he can recover takes paid in USA.
IRS don't have time to chase, if world-wide income of parents are not reported. For that matter, many people get away without their own world-wide income. It may be risky, there was news in Indian News Papers, that now IRS has started tracking investments done in India.
But anyways, whatever I know, it is possible to claim parents on B2 Visa as dependent, after they pass presence test. They can get ITIN.
===
Another example a professor visiting in USA, when gets cash award, to claim the award (s)he has to get ITIN and gets taxed at source, even stay is for days or weeks. If his/her country has tax treaty, (s) he can recover takes paid in USA.
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gk_2000
05-05 10:13 AM
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
BB: Mind pointing out what exactly is suspicious about me or my question?
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
Let me restate it for the benefit of others
BB: Mind pointing out what exactly is suspicious about me or my question?
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
more...
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inskrish
08-17 12:37 AM
Got the receipt numbers already, was worried about the physical receipt notice.
"Physical receipt notice" is not necessary. As long as you have the receipt numbers, it is fine.
Regards,
IK
"Physical receipt notice" is not necessary. As long as you have the receipt numbers, it is fine.
Regards,
IK
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cyclone_p
06-25 01:32 PM
Folks :
Thanks for all the replies that you guys have been posting to this thread. On one hand I am happy that I am not alone facing this issue at the same time I am sad that we all are having to deal with this issue.
Anyways, what I have learned so far based on my research is that the reason USCIS was rejecting my application was because they wanted to figure out if I qualify for the fee waiver based on the July 30, 2007 rule. The I-485 receipt notice apparently depicts the fee paid to USCIS and hence is an easy way for someone to tell if they qualify for that.
Apparently, the personnel screening the applications at the USCIS Phoenix Lock Box have been told to use the I-485 receipt notice to figure out if the correct fee has been provided with the application. So if the I-485 receipt notice is missing (as it is for some of us), they don't know how to determine if the correct fee has been provided or not. Apparently, they can't go into the system and pull our I-485 records to check (or perhaps they don't want to). That's the reason they reject the application with those two seemingly unrelated reasons.
I have eFiled this time and hence I have bypassed that screening in some ways. My application should not be rejected due to this anymore (theoritically). I called USCIS up again later to request a duplicate I-485 receipt notice and they told me that I should not be needing it anymore as my I-765 (eFiled) has been accepted. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
Thanks for all the replies that you guys have been posting to this thread. On one hand I am happy that I am not alone facing this issue at the same time I am sad that we all are having to deal with this issue.
Anyways, what I have learned so far based on my research is that the reason USCIS was rejecting my application was because they wanted to figure out if I qualify for the fee waiver based on the July 30, 2007 rule. The I-485 receipt notice apparently depicts the fee paid to USCIS and hence is an easy way for someone to tell if they qualify for that.
Apparently, the personnel screening the applications at the USCIS Phoenix Lock Box have been told to use the I-485 receipt notice to figure out if the correct fee has been provided with the application. So if the I-485 receipt notice is missing (as it is for some of us), they don't know how to determine if the correct fee has been provided or not. Apparently, they can't go into the system and pull our I-485 records to check (or perhaps they don't want to). That's the reason they reject the application with those two seemingly unrelated reasons.
I have eFiled this time and hence I have bypassed that screening in some ways. My application should not be rejected due to this anymore (theoritically). I called USCIS up again later to request a duplicate I-485 receipt notice and they told me that I should not be needing it anymore as my I-765 (eFiled) has been accepted. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
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GC_hope_2006
01-28 07:40 PM
Thanks to all your inputs. It was really helpful.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
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Circus123
02-11 11:36 AM
Yes I think you ar confusing the processing times with the actual bulletin date.
The dates as you vision seems to be highly optimistic ...
Yes it will be true in 10 years or so...
The dates as you vision seems to be highly optimistic ...
Yes it will be true in 10 years or so...
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conundrum
05-29 08:05 PM
way to go... What optimism!!!
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
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vactorboy29
02-19 02:25 PM
I wouldn't want Laloo to get his paws on my money. It is better in a Swiss account. :-)
This money may be yours if it route back to Indian Govt but guess what? None of the politician wants to do that reason is ..............corruption my dear friend.
This money may be yours if it route back to Indian Govt but guess what? None of the politician wants to do that reason is ..............corruption my dear friend.
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nowhereman
02-01 09:07 AM
I started the US immigration in 2006, PD-September 2006, by CP, EB3ROW. DS230 renewed 3 times since then... a couple of months ago I applied to Canadian PR, now I am waiting for my interview date. So I have two processes parallel - US GC & Canadian PR. My question is : How these two immigrations can jeopardise each other? :confused:
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
chisinau, in my personal experience, applying to US GC is not viewed favourably by Canadian authorities. When we tried to land in Canada, the immigration officer specifically asked us if we had applied for US GC. Also, be sure that you do not insinuate to the Canadian authorities that your first choice is to stay in the US, but make all efforts to show that you will be moving to Canada permanently as soon as your PR is granted. The Canadians do not like granting PR to people who are going to use it as a backup for their GC process.
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
chisinau, in my personal experience, applying to US GC is not viewed favourably by Canadian authorities. When we tried to land in Canada, the immigration officer specifically asked us if we had applied for US GC. Also, be sure that you do not insinuate to the Canadian authorities that your first choice is to stay in the US, but make all efforts to show that you will be moving to Canada permanently as soon as your PR is granted. The Canadians do not like granting PR to people who are going to use it as a backup for their GC process.
Ramba
11-21 05:14 PM
Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
indyanguy
06-13 06:01 PM
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
Also, if both EB3 and EB2 are with the same company, is it required that the EB3 position is different from the EB2 position? Do I have to get promoted?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
Also, if both EB3 and EB2 are with the same company, is it required that the EB3 position is different from the EB2 position? Do I have to get promoted?