belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
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GCWhru
09-18 02:08 PM
It is very surprising to see many 2004 numbers still pending. I know 2006 cases were processed in high numbers, but didn't expect these many 2004 pending cases.
LondonTown
05-25 08:03 AM
Sent the fax.. going to call...
2011 2011 quotes about moving on.
srarao
07-23 12:51 PM
There is no significance, just to track
more...
danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
natrajs
04-15 11:19 AM
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
Congrats and Best Wishes
Congrats and Best Wishes
more...
grajesh2000
05-02 10:32 AM
Count me in
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ck_b2001
06-07 11:32 AM
I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
more...
rb_248
04-15 11:07 AM
Is it B1 or B2 visa ?
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ItIsNotFunny
11-10 04:07 PM
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
YzSuM09Gz1w
.
Its only Mahabharat - people started forgetting Ramayan & Mahabharat.
YzSuM09Gz1w
.
Its only Mahabharat - people started forgetting Ramayan & Mahabharat.
more...
logiclife
03-22 05:09 PM
Numbers USA cares about total number of immigrants per year.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
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alterego
12-08 04:13 PM
It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform
Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
That is why we need to push hard now.
Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
That is why we need to push hard now.
more...
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skark
08-31 08:35 AM
I need some references of good consulting companies that have direct vending relationships with big companies. I will be looking out for contracting jobs since my current contract will come to an end soon and dont want to be on bench.
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hpandey
11-16 01:30 PM
DREAM Act should actually be called DREAM ON Act... its been hanging in the air since 2001 . Next year it will complete its decade of political verbal support and all its supporters can be happy that it survived another year.
Any politician supporting immigration bills this year is not going to be in office next time.
Any politician supporting immigration bills this year is not going to be in office next time.
more...
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samrat_bhargava_vihari
05-03 04:55 PM
janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.
Sadly Immigration voice is giving importance to the “ number of posts” rather than “number of valuable posts” .
Some people are more interested to upgrade their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted out of you 328 posts.
Sadly Immigration voice is giving importance to the “ number of posts” rather than “number of valuable posts” .
Some people are more interested to upgrade their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted out of you 328 posts.
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perm2gc
01-08 03:44 PM
They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
more...
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leo2606
09-26 09:12 PM
Hey GC_SUCK,
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
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alucard666
08-27 02:20 PM
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
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GCneeded
11-08 12:24 PM
Hello Everyone,
Thank you everyone for the responses.
RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.
I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.
Thank you everyone for the responses.
RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.
I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.
manishs7
06-24 06:57 PM
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
I guess this mean back log of 9 months..
I guess this mean back log of 9 months..
roseball
07-18 03:21 AM
Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....
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