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  • sin94
    11-11 01:08 AM

    I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.

    What are my option here?

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  • kishore.salla
    11-07 11:14 AM
    Hey indyanguy,

    Me too in the same boat, got Masters in US, unfortunately got stuck in EB3 due to ill advice attorney.

    Please share any more useful information on this.


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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.

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  • ultimate_champ
    11-27 09:49 AM
    Thanks all. Appreciate it.

    I'll keep you updated what happens next.


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  • vikki76
    10-02 10:01 PM
    Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?

    I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21

    Please guide.

    I changed my company and filed G-28. My RFE went to new lawyers only. I didn't get any personal letter. My new company was adamant to file AC21 and G-28. Real glad that I did that!

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  • mbartosik
    01-30 08:41 PM
    Yes this looks bad, and what we're trying to do with MI will be stomped on to a large extent by this.

    The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
    Also licenses to be marked as temporary.


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  • seekerofpeace
    08-22 02:25 PM
    Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?


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  • totalvisa
    04-26 10:51 AM
    The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.

    So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...

    Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.

    My case has become very complicated! Any suggestions?


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  • saxx
    01-11 08:23 AM
    Thats ****ing amazing dude.

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  • ArkBird
    09-11 09:08 PM
    Has anyone recently used AP to enter the US from San Francisco, CA?

    I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.


    I entered USA from SFO on Aug 15 with AP. No questions asked. They only asked for AP and advised me to renew it as the current AP is expiring in December.



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  • uslegals
    11-11 10:32 AM
    thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?

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  • beavis
    02-14 10:09 PM
    I always book tickets for my mom on travelocity.co.in using my US credit card. works perfectly and they have great prices.


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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?

    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.

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  • nightowl76
    03-04 04:19 PM
    narendra_modi = troll alert

    reasons: first post, missing info, irrelevant post


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  • pmpforgc
    12-12 07:50 AM
    Can some one reply my following questions about Advance parole


    I am trying to file Paper based Advance Parole ( I-131) for me and my family.

    I have few questions regarding process and forms. Appriciate your hlep with those.

    (1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.

    On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?

    (2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?

    (3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.

    Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?

    (4) For my sons ( 15 yrs age) can I sign as a person preparing form?
    thanks for your help with AP application.

    (5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)

    Can some experienced members can answer above questions about my Son's Advance Parole Application, Photos for AP application and EAD card in relation to AP application.

    Appreciate your help

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  • rkat
    02-06 11:38 AM
    Thanks friends for your input - Appreciate it.! I am pretty certain that there is no rule like this.! But it would be helpful if there is some printed info on this issue. Anybody out there who has any more information on this.??
    Thanks a ton!


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  • sagittarian
    12-17 03:36 PM

    My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:

    1. To apply for the SSN she would need the original I-797 and the I-94, correct?
    2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
    3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?

    Thanks in advance.

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  • njboy
    07-24 03:29 PM
    we've asked for changes which require laws/amendments to be enacted.This has so far, not got us anywhere. What about asking for more liberal interpretations of the present laws? This can be done with something as simple as a memo sent by USCIS director. What can we ask for-
    1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
    2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
    3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?

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  • lvinaykumar
    09-09 08:39 AM
    I am going to meet TANA organisers again this month. I will try get more details for them on what kind of help do they need.

    05-03 11:19 PM
    I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.

    Now it is 30 days and I should be able to call USCIS.

    I have two questions:

    1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?

    2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?

    Thanks a lot.

    Sorry about your plight. did you use USPS express mail? Do you have the name of the person who received in the Chase lockbox?


    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.