485 RFE Tracker - Post # 3

Not looking good

Guys,

I think TSC is done with approving EB3 cases for this fiscal year. Lets hope our cases get first priority in October. Its going to be a long three months but atleast we know that nothing will happen. Lets still keep the thread alive though. Maybe we will post once a week or something.

regards,

saras
 
My prayer goes out to you

Good luck to saras76 and mvusa, I hope your cases will be the first ones to be adjudicated come this October. Pray for me as well. Since my 2nd FP, no LUD or status change yet. Also more than 2 months have passed since the RFE response. Who knows what the officer is doing with my case...................
 
Forever485
thanks for your prayers, most appreciated!
Don't worry, you are very lucky in having an EB2 Case. Now that July is practically here, USCIS will concentrate on EB1 & EB2s so you'll get your approval soon!
Good Luck!
 
Saras76
Yes, it's true. No Luck for us....yet! Let's concentrate and sorround ourselves with an approval notice (visualization & meditation) It may work!
We have 2 days left, let's keep our hopes up for two more days that's it. Then we can all just take our USCIS anxiety vacation... (my health will appreciate )
Good Luck to all!!!!
 
Hoping but not very optimistic

mvusa,

Technically there are a couple of days for TSC to act but I read somewhere else that the EB3 visa numbers have already run out so we will probably have to wait. At this point I am just hoping that the TSC will approve our pending APs. They have been pending for over 6 months now. I have found through my lawyers that the officer working on our APs got transferred to another department and placed a hold on them before he left. After that no one has looked at our cases. Can you believe how bad this system is.

My wife also called and tried to ask them about her RFE. The lady was helpful and informed her that TSC receiving the RFE response does not mean much because a clerk receives them and enters the RFE received information in the computer. There is no telling when and how the RFE reaches the officer that issued the RFE. Isn't that scary. For all you know most of our RFE responses are lieing in a pile waiting for some stupid officer to take a look at them. Exactly when he/she will get around to it is the "Million Dollar Question".

Anyway, lets enjoy the summer and stay in touch. Maybe the new fiscal year will bring some good news for us all.

regards,

saras
 
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Saras
You are right. I read on some other thread the same thing, there are no more visa numbers. I'll just relax about this whole thing, wait for my EADs & APs (hope theres no problem there, last time I got them in 20 days) And hope the new fiscal year benefits us all. I tell my self, that me and my husband are in legal status, can work, can travel and we have to be thankfull for that. There's so many people with immigration problems and see no way out. So At least my friend, we can hold on to what we've got, and hope these three months fly away fast!

God Bless you, have a nice summer.
 
Very disturbing news about my case

mvusa,

Today I am very very frustrated and sad. I called the TSC and was actually able to talk to a nice lady that broke some very bad news to me. Firstly she informed me that on the 2nd of June the Atlanta local office requested my file. She said that the file is still in TSC and is not sure when it will get to Atlanta. She was not even sure if TSC or Atlanta was going to approve the file. Next I asked her about my FP and Name Check and she said that the FPs are good but the Name Check is pending. When I asked her when it will be done she just said its automated and she has no clue when any of this will get done. Then came worse news about my wifes 485. She informed me that they have no record of my wifes FPs. She has completed FPs twice and both times the FBI has stated that the FPs have been transmitted to TSC but the TSC says that they have no record of any FPs. They also have no news on her Name Checks.

I just cannot believe this at all. I am not sure what I have done to deserve this type of treatment from these people. I am seriously considering altering my life plans and heading back to my home country if things are not resolved anytime soon. Life plays some cruel jokes but I never anticipated such a cruel one.

saras
 
Saras
I just read your news on the other thread! I had no idea.
I responded with a post there. Please read.
Hang on my friend, things will get better I know it. Just need to untangle the mess. What is your lawyer doing to help? call for infopass app with officer!!!
 
Sorry saras.

Saras,

Sorry for the things happened to you. Ask your attorney to handle this, make sure that the USCIS has the files for your wife.
I think everythink will get better soon.

By the way how did you get a change to talk to the officer. When I call the 800 # I can get a chance to talk to customer service rep only, who can tell me what is there on the uscis web site regarding my case.

Thanks
mka
 
Thank you all

Thanks for the encouragement. My lawyer has advised me against calling the TSC. She believes that they give wrong information over the phone. I am not going to call them again. My lawyer has started an AILA inquiry. I have also started the process of finding out if my Name Check has been cleared by the FBI. I guess all of us will begin the battle again in October.

Lets enjoy the summer and be in touch.

regards,

saras
 
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RFE on Status???

Today My Lawyer recieved RFE on my I-485::

My H1 B Visa is about to Expire on June 19 2003, on that day my previous company applied for H1 B Visa Extension. During the Process of Extension On August 27 2003 I jumped to another company, I dont have approval from my Previous company at that time and also at the time of applying for I-485, so they sent me RFE for Status from June 19 2003 to Aril 02 2004 (Date of Validity of my new H1 even though Reciept Date is August 27 2003). I got H1 Approval from my Previous Company the Approval is Valid From December 01 2003 to December 01 2004, My reciept Date is June 19 2003. I am wondering what will be my Status from June 19 2003 to December 01 2003, is it legal, I had continuous Pay stubs during that period, I am not on Bench for even a single Day, during this period. Please let me know what you guys think???
 
anil007dc
I think your lawyer will give the best advise in response to RFE. I'm not sure but I've heard that once your H1B expires you have something called a "grace period" don't know how long period is though. On the other hand you have a RD of June 19, 2003 the same day your visa expired so I think you safed your legal status there. You might have also originals or copies of I-94s in case you left and reenter USA that can verify your legal status too. The only issue I see in your case is that you switched companies "in between" process so I really don't know exactly how that goes, because you can only work with the company your H1B belongs to. Did you tell USCIS of the job change? On the other hand, you say you have a RD of June 19 but then I see you also say RD August 27 ? Is the last one from I-485 application? If it is, it doesn't cover you as "status pending" since it's after visa expiration date.
You could have avoided this RFE by applying for your extension before it expired. Why did you let the visa expire?
I'm sorry I think I'm not being the best of help... Please talk to your lawyer. He will give you the best advise, and he will respond the RFE.
Good Luck!
 
anil007dc said:
Today My Lawyer recieved RFE on my I-485::

My H1 B Visa is about to Expire on June 19 2003, on that day my previous company applied for H1 B Visa Extension. During the Process of Extension On August 27 2003 I jumped to another company, I dont have approval from my Previous company at that time and also at the time of applying for I-485, so they sent me RFE for Status from June 19 2003 to Aril 02 2004 (Date of Validity of my new H1 even though Reciept Date is August 27 2003). I got H1 Approval from my Previous Company the Approval is Valid From December 01 2003 to December 01 2004, My reciept Date is June 19 2003. I am wondering what will be my Status from June 19 2003 to December 01 2003, is it legal, I had continuous Pay stubs during that period, I am not on Bench for even a single Day, during this period. Please let me know what you guys think???
Click to expand...
1) You jumped to another company on 8/27/03. Did you do the H-1B transfer? If so, what is the valid date on your approval notice Form I-797A?
2) Where did you work from June 19, 2003 to Aril 02, 2004?
3) What is your I-140/I-485 RD? Have you got a FP notice?
 
485 Query

RD June 19 2003 is for Extension... Same Day my H1 is getting expired.
RD August 27 2003 is for Change of Employer, got Approved on December 2003 Validity is December 01 2003 to December 01 2004


On August 27 2003 I did't have approval Notice But I got the New H1 approval on April 2004. Validity is April 02 2004 to August 28 2006

Yes I jumped the company in between the process of Extension, I was fed up with company and the way they are expecting me to work for 20 hrs a day.

At the time of Filing I-485 I dont have RD June 19 2003 Approval Notice, so I kept only the Reciept, so they sent me RFE to show the Status from June 19 2003 to April 02 2004,

I am wondering the difference June 19 2003 to December 01 2003 , am I in Legal Status or what?? can they deny my 485 based on this???

Thanks
Anil
 
Sorry Little correction from the above one...

RD June 19 2003 is for Extension... Same Day my H1 is getting expired, got Approved on December 2003 Validity is December 01 2003 to December 01 2004

RD August 27 2003 is for Change of Employer, On August 27 2003 I did't have approval Notice But I got the New H1 approval on April 2004. Validity is April 02 2004 to August 28 2006

Yes I jumped the company in between the process of Extension, I was fed up with company and the way they are expecting me to work for 20 hrs a day.

At the time of Filing I-485 I dont have RD June 19 2003 H1 Approval Notice, so I kept only the Reciept, They sent me RFE to show the Status from June 19 2003 to April 02 2004, Now I have the approval Notice I am sending with RFE.

I am wondering the about the duration June 19 2003 to December 01 2003 , am I in Legal Status or what?? can they deny my 485 based on this???

Thanks
Anil
 
anil
you need to talk with your lawyer and get facts clear. Remember what I told you about the grace period? I think is 60 says after H1B expires. The problem is you asked for an extension while working with company A and then you jumped to company B, so I really don't know for sure if that can be a problem with your case. Nevertheless, your lawyer should get response ready, he'll give you the best advise.
 
It is difficult to understand your posting. Your H-1B extension validated from December 01 2003 to December 01 2004. (I do not know why your previous company did not request the extension from June 19.)

You jumped the company on August 27 2003 (I do not know when you filed the H-1B transfer.) Your H-1B transfer validated from April 02, 2004 to August 28, 2006.

You were not in illegal status from June 19, 2003 to December 01 2003 because you timely filed H-1B extension and I-485. But, did you have any work permission such as the EAD from June 19, 2003 to December 01, 2003 while you were working? If no, it may have a problem.
 
Yates Memo...

I got this from Yates Memo What do you think about it???
IV. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE H-1B PORTABILITY PROVISIONS
Question 1. Can an H-1B temporary worker “port” under §105 of AC21 (INA § 214(n)) from one employer to another even after the alien’s I-94 or last approved petition has expired as long as he or she is still in a “period of stay authorized by the Attorney General”?
Answer: Yes. Under certain circumstances, an H-1B alien may still be able to port to another H-1B employer even after the alien’s I-94 or last approved petition has expired. In order to port, however, such alien must meet all the requirements of INA § 214(n), including the requirement that the new petition be filed while the alien is in a “period of stay authorized by the Attorney General.” USCIS has previously determined and issued guidance explaining what constitutes a “period of stay authorized by the Attorney General.” One example would be:
Alien is in H-1B status. Employer A timely files a non-frivolous extension of the alien’s H-1B status. Alien’s original petition, approved for Employer A, expires during the pendency of the extension. Alien is then in a “period of stay as authorized by the Attorney General” while Employer A’s extension is pending. Employer B then files new petition and alien wants to port to Employer B. Under INA § 214(n), the alien should be permitted to port because he or she is in a “period of stay as authorized by the Attorney General.”
In other words, porting under INA §214 does not require that the alien currently be in H-1B status as long as he or she is in a “period of stay authorized by the Attorney General.”
 
Yes, one can continue working or filing another H-1B transfer after filing the H-1B extension but his H-1B extension approval should connect his original H-1B expiration date anyway. Yours, however, did not! What documentation could permit you work from June 19, 2003 to December 01, 2003? H-1? But you stated your H-1B extension approval validated from December 01, 2003. I do not know why your H-1B extension did not extend from June 19. Ask your lawyer for a solution although you may provide the filing receipt notice to prove timely filing the H-1B extension.
 
Mistake Done by CSC

My Company Request from June 19 2003 but, they had given it from December 01 2003. My lawyer told I am in Legal Status... and I have Pay stubs during that Period.
 
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