Ok RFE, then Inquiry... what next ?

J

juntha

Registered Users (C)
Schedule A here... No need for an approved PERM.
RD 02/02/06 (I140), RFE july 2006 answered right away. Message 'you should expect an answer within 60 days'
60 days passed. Nothing.
We initiated an inquiry. 'Please wait 30 days'
30 days passes after the inquiry.
No LUD, no nothing, not a single phone call, letter or anything at all.
What s the next step ? An inquiry about an inquiry ? Are they gonna just laugh at us on the phone or am i gonna be on 'Punk'd' this week on MTV ?
Is it even worth applying for premium process to see where this goes ?

Work visa expiring on November 18th with no way to renew it (I140 was applied less than 365 days....). The pressure is building up seriously here. About to blow a fuse. Not even enough time to declare bankruptcy if things goes wrong...

Any help is appreciated to keep me from throwing myself thru the window ?
Thanks
 
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renew work visa

You can renew work visa based on filing 140. It doesn't need to have been filed 365 days. Thats for the labor certification. Check with your lawyer and file for extension if you need to.

juntha said:
Work visa expiring on November 18th with no way to renew it (I140 was applied less than 365 days....). The pressure is building up seriously here. About to blow a fuse. Not even enough time to declare bankruptcy if things goes wrong...

Any help is appreciated to get me from throwing myself thru the window ?
Thanks
Click to expand...
 
GCin-waitng said:
You can renew work visa based on filing 140. It doesn't need to have been filed 365 days. Thats for the labor certification. Check with your lawyer and file for extension if you need to.
Click to expand...

OK i looked into it...
There are actually 3 ways to get an extension.
1. LC pending for more than 365 days.
2. I140 pending as long as LC filed more than 365 days ago
3. I140 approved regardless of LC filed or not.

For Schedule A where a LC isn t necessary, case 1 and 2 does not apply. the only thing left is case 3. My only way out is to get I140 approved by November 18th , the final day of my 6th year on H1b.
Of course if it s denied,i might go for appeal and apply for extension based on that. BUt if i don t get any decision of I140 by mid november. I am done with.

Am i reading that right guys ?
 
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juntha said:
OK i looked into it...
There are actually 3 ways to get an extension.
1. LC pending for more than 365 days.
2. I140 pending as long as LC filed more than 365 days ago
3. I140 approved regardless of LC filed or not.

For Schedule A where a LC isn t necessary, case 1 and 2 does not apply. the only thing left is case 3. My only way out is to get I140 approved by November 18th , the final day of my 6th year on H1b.
Of course if it s denied,i might go for appeal and apply for extension based on that. BUt if i don t get any decision of I140 by mid november. I am done with.

Am i reading that right guys ?
Click to expand...


Well i called USCIS. Blah Blah. they are stalling.
Next step ? AILA is taking control of my case.
31 days left before the expiration of my H1b.
THis is gonna be a tight race. If that doesn't kill me, that will make me SUperman.
unfortunately, the chest pain i am having and the 2 hours of sleep every night might kill me first.
 
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GCin-waitng said:
You can renew work visa based on filing 140. It doesn't need to have been filed 365 days. Thats for the labor certification. Check with your lawyer and file for extension if you need to.
Click to expand...


Are you sure we can extend H1-B based on filing I-140 not approval? I'm in the same boat.
 
USCIS soap opera continues.

Instead of crying or yelling i decided to take it as a joke. Hopefully someone will find my continuing adventures in USCISland entertaining and instructive.

Previously on USCISland: Schedule A group 2 RD Feb 2nd 2006 / RFE july 2nd 2006 / No news / Sept 15th 2006 inquiry / No news / October 16th 2006 new inquiry appointment with immigration officer

Today was the appointment. Boy was that fun. I believe the agents were very helpful but it would have helped if my own company rep did show up. I guess getting up at 4am was easier for me than for her to avoid being late. Anyhow, all by myself with 2 immigration officers trying to figure out what the hell is going on with my case.
Well obviously not much. They did get my cell phone number to call me if they hear anything. Oh... did i mention my Work Visa expire in 30 days ?
They told me i could apply for a 1 year extension even if my I140 was pending for less than 365 days. (i didn t need an approved LC for this type of case).
That s weird because i am convinced they are wrong on that one. I ll try thou, the worst they can do is return my check and my forms.

Next time on USCISland : I throw himself thru a windows. USCIS approves the I140 the day of my funerals.


Urgh.
 
Juntha,

I am trying PP. Sent the Fedex packet yesterday 5 pm...in 24 hrs, I am in PP land. I think Schedule A, Grp 2 takes much longer than Schedule A, nurse petition-..just my 2 cents,
 
USCISland, the return.

OK... I guess, an attorney, my continuous phone calls and visit to the USCIS office and the request coming from a Senator friend made whoever works on my case move.... I finally got an update on my case. Not the one i wanted but still.... They answered to my inquiry and sent the letter to me today.
Whatever that means...If it s anything related to time needed to process the case. I will go with PP
 
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Voice automated system cannot find my case anymore. Online case status still tells me they answered the inquiry.
Lalalalala.... where s my Xanax.. ?
 
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