2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
- Thread starter inferno
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This is the quote from I-140 form.TPRGC said:
In a perfect world, USCIS would have sent a notice to your lawyer to send in the missing fees. (Well, you may say that in a perfect world, your lawyer would have sent in the fee at first place).
Anyway, your lawyer need to keep following up with USCIS for them to send a letter requesting missing fee.
Otherwise, as you said earlier and in my opinion also, your lawyer need to send the fee and all the proof they have regarding your application, like 485 receipt notice, your A#, your EAD receipt etc. and a letter explaining their (lawyer's) mistake. The only risk is that some times, the additional documents sent to USCIS for a pending application, without a request from USCIS do not reach the correct application. If you do not get a letter from USCIS even after repeated requests by lawyer, then only send docs like this and hope USCIS buy your lawyer's story.
On a side note, I know anyone can make a mistake, but these lawyers get paid some 6K for GC application, to make sure that everything in the application is in order. Fee is mentioned on the 140 form itself several times. Your lawyer didn't even check that.......?
Thank you very much, EricSEricS said:This is the quote from I-140 form.
In a perfect world, USCIS would have sent a notice to your lawyer to send in the missing fees. (Well, you may say that in a perfect world, your lawyer would have sent in the fee at first place).
Anyway, your lawyer need to keep following up with USCIS for them to send a letter requesting missing fee.
Otherwise, as you said earlier and in my opinion also, your lawyer need to send the fee and all the proof they have regarding your application, like 485 receipt notice, your A#, your EAD receipt etc. and a letter explaining their (lawyer's) mistake. The only risk is that some times, the additional documents sent to USCIS for a pending application, without a request from USCIS do not reach the correct application. If you do not get a letter from USCIS even after repeated requests by lawyer, then only send docs like this and hope USCIS buy your lawyer's story.
On a side note, I know anyone can make a mistake, but these lawyers get paid some 6K for GC application, to make sure that everything in the application is in order. Fee is mentioned on the 140 form itself several times. Your lawyer didn't even check that.......?
ascii_boston
Registered Users (C)
aniraj said:
Hi Aniraj,
I am in the same boat (see signature for details) with a I-140 ND of 5/25/04! My RFE response was received on 3/31/05 and I havent heard anything. No LUDs either. It's worrisome. I am thinking of asking the company lawyer to call and ask about the status. Anyone else with other suggestions ?
EricS said:This is the quote from I-140 form.
In a perfect world, USCIS would have sent a notice to your lawyer to send in the missing fees. (Well, you may say that in a perfect world, your lawyer would have sent in the fee at first place).
Anyway, your lawyer need to keep following up with USCIS for them to send a letter requesting missing fee.
Otherwise, as you said earlier and in my opinion also, your lawyer need to send the fee and all the proof they have regarding your application, like 485 receipt notice, your A#, your EAD receipt etc. and a letter explaining their (lawyer's) mistake. The only risk is that some times, the additional documents sent to USCIS for a pending application, without a request from USCIS do not reach the correct application. If you do not get a letter from USCIS even after repeated requests by lawyer, then only send docs like this and hope USCIS buy your lawyer's story.
On a side note, I know anyone can make a mistake, but these lawyers get paid some 6K for GC application, to make sure that everything in the application is in order. Fee is mentioned on the 140 form itself several times. Your lawyer didn't even check that.......?
ERic,
Its not prefect world. With lawyers, its liers world.
I know cases where lawyers join hands with employers and do not send papers in time and act innocent.
There are guys who were never filed 140/485 and they came to know after 2 yrs of waiting and lawyer says that they lost their labor approval papers.
If employer wants to make the employee to work for more time, he will do all these tricks with lawyers.
Hence this suggestion is for all bros:
Please put pressure on lawyers and get every minute details of your processing including tracking numbers of the packages posted to USCIS for I140 & 485.
Whenever you insist the tracking numbers you will get the real picture.
This is my own experience.
Please follow up at every small level and get all the reciepts etc through fax.
regards,
Received RFE for ND 05/25/04
Finally received RFE emails for both myself and my spouse. That was surprising because I never had any update in message for any of us. Hopefully will know the RFE contents by early next week. Have to keep my fingers crossed and frustration down until then. I had an RFE for colored copies of passport and DL for EAD and AP last year. Hope they are not asking for the same.
Will keep posted.
mygc2005 said:
Finally received RFE emails for both myself and my spouse. That was surprising because I never had any update in message for any of us. Hopefully will know the RFE contents by early next week. Have to keep my fingers crossed and frustration down until then. I had an RFE for colored copies of passport and DL for EAD and AP last year. Hope they are not asking for the same.
Will keep posted.
ajayam said:
Hi Ajayam
Just looked at your signature for RFE contents. Did you not submit these documents earlier like W2s, employment letter etc for the earlier year.
I got an RFE but I still dont know the contents. Trying to guess what it might be. Birth certificate could be an issue because the BC is dated 14 years after my birth date.
Any congratulations on your approval.
Wish you all the best.
I dont think so if it is absolutely necessary. Unfortunately the attorneys assistant messed up the B&W copies for my passport. So when I sent them off for the RFE, i didnot take any chances and made colored copies. Again it was trivial for me to get it because my department in the university I worked in had it. but the take home is if you have clear copies be it B&W, i dont think you should have a problem.
COLOR COPIES - Are we allowed?
Guys,
Regarding the color copies of any of these official documents, like passports, visas, as far as I know, we are not supposed to take color copies as they can be misused with the quality of the color ones we get these days.
When my attorney asked for it, I went to Kinkos to get them, and Kinkos guys refused to assist me in getting the color copies as they said they were not allowed to take color copies of these documents.
I think I could have taken them myself if I wanted to, but then if the docs are not allowed to be color copied, I don't see how USCIS/attorney can make it mandatory to submit the color ones!!!
Guys,
Regarding the color copies of any of these official documents, like passports, visas, as far as I know, we are not supposed to take color copies as they can be misused with the quality of the color ones we get these days.
When my attorney asked for it, I went to Kinkos to get them, and Kinkos guys refused to assist me in getting the color copies as they said they were not allowed to take color copies of these documents.
I think I could have taken them myself if I wanted to, but then if the docs are not allowed to be color copied, I don't see how USCIS/attorney can make it mandatory to submit the color ones!!!
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singhnsingh
Registered Users (C)
FBI call
I made a call to vsc today and talked to a nice lady she told me that she could only guesstimate my case to be cleared in 30 days I asked about security check she said that is complete and my wife and kids case are all in one packet .
Now the intresting part I get a call from FBI at around 4.15pm asking me for my date of birth as i had sent them a e-mail during Dec She said I had not mentioned my DOb But when i checked the e-mail it is mentioned DOB ADD A# etc. Guys I am worried now did i do something wrong
Plese any one have this experience HELP
Thank in advance
I made a call to vsc today and talked to a nice lady she told me that she could only guesstimate my case to be cleared in 30 days I asked about security check she said that is complete and my wife and kids case are all in one packet .
Now the intresting part I get a call from FBI at around 4.15pm asking me for my date of birth as i had sent them a e-mail during Dec She said I had not mentioned my DOb But when i checked the e-mail it is mentioned DOB ADD A# etc. Guys I am worried now did i do something wrong
Plese any one have this experience HELP
Thank in advance
call to VSC for AP
Hello,
I filed my AP RD: 3/14/05, still pending no LUD change. so I called VSC to find out status. I provided my name & EAC # for AP. she asked my A# from I-485 receipt. She told that my application is assigned to officer, should get clear in 30 days.
When I asked status of my I-485, she said if RD is not passed current processing date, don't worry about that.
Hello,
I filed my AP RD: 3/14/05, still pending no LUD change. so I called VSC to find out status. I provided my name & EAC # for AP. she asked my A# from I-485 receipt. She told that my application is assigned to officer, should get clear in 30 days.
When I asked status of my I-485, she said if RD is not passed current processing date, don't worry about that.
485 Denied - PLEASE HELP
Hi guys,
I just got 2 letters from USCIS about 485 being denied.
Here is the letter:
On Nov 17, 2004, you filed an application to register permanent residence or adjust status (form 1-485) under section 245 of the Immigration and Nationaluty act.
Title 8, code of federal regulations, in part 245.2(a)(2)(i) states:
Before an application for adjustment of status unders section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under section 203(b)(1), (2), or (3) of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retailed for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed.
The immigration visa petition filed in your behalf by <company>, Inc was denied.
Absent evidence that you are entitled to any other immigration classification, your application must be, and hereby is denied.
The regulations do not provide for an appeal from this decision.
My wife's 485 is also denied.
GUYS I AM COOMPLETELY STUMBLED...ANY HELP
Can I not appeal and reopen the case?
My 140 is still pending
Thanks guys...
Hi guys,
I just got 2 letters from USCIS about 485 being denied.
Here is the letter:
On Nov 17, 2004, you filed an application to register permanent residence or adjust status (form 1-485) under section 245 of the Immigration and Nationaluty act.
Title 8, code of federal regulations, in part 245.2(a)(2)(i) states:
Before an application for adjustment of status unders section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under section 203(b)(1), (2), or (3) of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retailed for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed.
The immigration visa petition filed in your behalf by <company>, Inc was denied.
Absent evidence that you are entitled to any other immigration classification, your application must be, and hereby is denied.
The regulations do not provide for an appeal from this decision.
My wife's 485 is also denied.
GUYS I AM COOMPLETELY STUMBLED...ANY HELP
Can I not appeal and reopen the case?
My 140 is still pending
Thanks guys...
ravikanth_b
Registered Users (C)
Hi ronbans,
Dont panic.
I think your I-140 is denied after RFE response(may be status is not updated). Based on that denial your underlying 485 would have been denied. If this is the case you can appeal I-140 denial.
The reason I say this is because same thing happened to me for my 1st GC. Once my I-140 was re-opened, the 485 was also kept under pending status from denied status. I quit that company is another story...
What was your RFE about?
Dont panic.
I think your I-140 is denied after RFE response(may be status is not updated). Based on that denial your underlying 485 would have been denied. If this is the case you can appeal I-140 denial.
The reason I say this is because same thing happened to me for my 1st GC. Once my I-140 was re-opened, the 485 was also kept under pending status from denied status. I quit that company is another story...
What was your RFE about?
ronbans said:Hi guys,
I just got 2 letters from USCIS about 485 being denied.
Here is the letter:
On Nov 17, 2004, you filed an application to register permanent residence or adjust status (form 1-485) under section 245 of the Immigration and Nationaluty act.
Title 8, code of federal regulations, in part 245.2(a)(2)(i) states:
Before an application for adjustment of status unders section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under section 203(b)(1), (2), or (3) of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retailed for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed.
The immigration visa petition filed in your behalf by <company>, Inc was denied.
Absent evidence that you are entitled to any other immigration classification, your application must be, and hereby is denied.
The regulations do not provide for an appeal from this decision.
My wife's 485 is also denied.
GUYS I AM COOMPLETELY STUMBLED...ANY HELP
Can I not appeal and reopen the case?
My 140 is still pending
Thanks guys...
140 denied
Hi ravikanth_b - You are right - my 140 is denied on "inability to pay" grounds. The companies financials are not strong. I got an RFE earlier on this. But now it is denied.
Lawyer will appeal they said - same query came for another guy with same salary from my company - he went thru - do I use his lawyer? Please advice guys....I am here for 10 years and now to go back home and start afresh is crazy.
Anyone who had 14- denied for same reasons and went thru with the appeal?
Also, m H1B 7th year extension expires on Sep2005. If the 140 appeal is rejected what are my options? Can I file again, join another company or do anything or would have to head for India?
Hi ravikanth_b - You are right - my 140 is denied on "inability to pay" grounds. The companies financials are not strong. I got an RFE earlier on this. But now it is denied.
Lawyer will appeal they said - same query came for another guy with same salary from my company - he went thru - do I use his lawyer? Please advice guys....I am here for 10 years and now to go back home and start afresh is crazy.
Anyone who had 14- denied for same reasons and went thru with the appeal?
Also, m H1B 7th year extension expires on Sep2005. If the 140 appeal is rejected what are my options? Can I file again, join another company or do anything or would have to head for India?
ravikanth_b said:
RE: further proof or affidavits required
I had submitted two affidavits (one from each parent) for myself. The following is the format that my company had asked for. Please confirm with your lawyer.
(To be prepared on stamped paper, and notarized)
AFFIDAVIT
I, , resident of , <ADDRESS>, New Delhi 110008, India, do hereby solemnly affirm and declare as follows:
1. That my son, , was born on the day of , 1970 at New Delhi, India, from my wedlock with <NAME>.
2. That his name at the time of his birth was .
.
3. That to the best of my knowledge his birth was not recorded by any official government agency or religious group.
4. That I am personally aware that he was married to on the day of October, 1990
at New Delhi, since I was personally present at his wedding ceremony.
Verification:
I further solemnly affirm and declare that the statements made above are true and correct to the best of my knowledge and belief, and nothing has been concealed therein.
Solemnly affirmed at , on this day of 2001.
DEPONENT
ATTESTED:
mygc2005 said:
I had submitted two affidavits (one from each parent) for myself. The following is the format that my company had asked for. Please confirm with your lawyer.
(To be prepared on stamped paper, and notarized)
AFFIDAVIT
I, , resident of , <ADDRESS>, New Delhi 110008, India, do hereby solemnly affirm and declare as follows:
1. That my son, , was born on the day of , 1970 at New Delhi, India, from my wedlock with <NAME>.
2. That his name at the time of his birth was .
.
3. That to the best of my knowledge his birth was not recorded by any official government agency or religious group.
4. That I am personally aware that he was married to on the day of October, 1990
at New Delhi, since I was personally present at his wedding ceremony.
Verification:
I further solemnly affirm and declare that the statements made above are true and correct to the best of my knowledge and belief, and nothing has been concealed therein.
Solemnly affirmed at , on this day of 2001.
DEPONENT
ATTESTED:
VA_CH said:
No I did not submit earlier documents when replying to RFE (my lawyer had already submitted these at the time the applications were filed). Guess, as USCIS already had these documents, they just asked for the W2, tax return for '04 only.
I don't feel your RFE would be for BC, as the yours was registered within 20 years (my RFE explicitly stated 20 years). Also my BC, though on a government form, did not look official enough (unlike a notarized stamp paper)
Am guessing yours could be the standard RFE for W2, tax return, employer letter etc. or even medical.