SCARED..THIS IS WHAT I HEARD from my Lawyer..Please HELP

P

parvardigar

Registered Users (C)
Hi Guys,
I've been anxiously waiting for my cousines approval. They had receiced RFE in October 2003 and RFE response was received by USCIS on 12/3 and 12/9 respectively. It is a EB2 from VSC with CP option form Mumbai. My cosines are currently working in India. It's almost six months but we have not received any news on I140. My lawyers called INS twice and each time they asked to call back in a month. Meanwhile, my lawayer spoke with his AILA rep. and this is what I heard:
=========================================================
"got off the phone with my AILA rep at 5pm today. He indicated that due to
the recent Memo from USCIS, they are summarily denying I-140's for lack of
sufficient evidence. We have indication that we might not have good news.
He said he thought our filings may get denied along with the 30 others he
saw. If it is denied, there are several options that we can discuss. Let's
wait for the correspondence. Don't get too worried, we'll figure out a game
plan. Remember if his info is correct on our filings, this will be a new
territory for us, since we have not had a denial to date. I will pool
together all resources to move forward. Let's wait."
========================================================
Atulh, or any of you out there are ware of this? Is this true? I hope it's false. Would you please share your thoughts or experience as I'm VERY VERY worried.
 
what does this mean?

Does this mean that they are not looking at the RFE response provided? I have seen few of them approved after RFE last few days (even after 2 weeks of famous USCIS memo).

My attorney is preparing an RFE response for 'ability to pay' issue. I have pointed him to USCIS memo. I hope he considers the memo while preparing RFE response. This response will go out on monday. I will update you after I hear. Also I am changing the category from EB2 to EB3.
 
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What's this AILA rep my lawyer is talking about? Do they really have insight info? All my coming days are screwed as I and my cousines will be contantly thinking about this which we've waited for last two years. We replied on 12/3..way before this memo came and we may be the unlucky ones.
 
i understand

It is going through hell thinking about all the possibilities. My family would be going to India on vacation next three months. Although they have advance parole, it will become invalid if I140 gets denied. I am hoping I140 approval comes through. If denial happens then they have to approach Chennai consulate for H4 visa or may be told to go and get the stamping done in Sydney since we are currently Australian citizens.

I want to get over with this roller coaster ride one way or other.
 
rajudm said:
It is going through hell thinking about all the possibilities. My family would be going to India on vacation next three months. Although they have advance parole, it will become invalid if I140 gets denied. I am hoping I140 approval comes through. If denial happens then they have to approach Chennai consulate for H4 visa or may be told to go and get the stamping done in Sydney since we are currently Australian citizens.

I want to get over with this roller coaster ride one way or other.
Click to expand...
Same shit here ..
Got an RFE on my 140 ( hvnt received it yet) and my wife and kid are going to India , so worried if they reject my 140 after the rfe has been responded to . So to keep matters safe , I have asked my wife to go to US consulate therte and get her H4 stamping , atleast they would let her in in August based on her H4 visa.
NVC
 
Nvc ...

I think we should discuss more on H4 stuff and keep in touch. What are the papers you are sending for H4 stamping in India? Can we book the appointment while being in US (because they ask for current address...).?
 
Hi Raju..

rajudm said:
I think we should discuss more on H4 stuff and keep in touch. What are the papers you are sending for H4 stamping in India? Can we book the appointment while being in US (because they ask for current address...).?
Click to expand...
I was trying to find the same info in the H4 part of this fiorum.
Actually in my wife's case this will be her second stamping so she might not need to go for an interview. I am assuming that she can use the drop box facility.
I will give here the following doc's:
1) copies of few ( atleast 4) of my recent most paystubs,
2) copy of my 2003 tax returns
3) copy of H1
4) copies of my passport
5) Letter from my employer stating that I am his employeee since so and so date ....
and ofcourse she will be using my money to pay for this : )
She is going to find out how to use the drop box facility in Mumbai consulate..
Once she gets that, I'll be more than happy to share it with you....
NVC
 
NVC -- drop box will be for

This is what I understood,
a) drop box facility is for a person who is seeking same type of visa and it shouldn't have been expired more than 12 months
b) elderly people >60 years
c) children <14 years who can demonstrate that their both parents are in India and have valid US visa.

I assume in your case (a) is true. In my case H4 expired in Dec 2002, waited too long for regular H1 extension. Only way is for personal interview (even otherwise it is required because my wife has already used EAD).
 
Some info about H4/H1 visa stamping at Chennai

You can take the appointment while you are here. You can give C/o address for that purpose. That address is one where you will get your passport back from TTK services.
If the company is large well known company they wont ask much. But if the company is small then there are lot of things they are asking. Some of them i have listed below.

1. Copy of W2 of all employees for last year
2. List of all employees on the payroll with their Visa status.
3. List all H1 sponsored by the company and received at Chennai Consulate
4. Interior and Exterior photographs of worker premises
5. Interior and Exterior photographs where H1 person's place of stay.
6. List of the projects and a short description
7. How H1 person is going to employed during next 12 months be sure of Clients
8.Copy of deed, Mortgage agreement,
9. Copy of Phone statements for last six months.
10. Tax returns for last three years.
11. All the pay slip for current year.
12. Original Job offer letter.
 
Hi Raju ..you got a point

rajudm said:
This is what I understood,
a) drop box facility is for a person who is seeking same type of visa and it shouldn't have been expired more than 12 months
b) elderly people >60 years
c) children <14 years who can demonstrate that their both parents are in India and have valid US visa.

I assume in your case (a) is true. In my case H4 expired in Dec 2002, waited too long for regular H1 extension. Only way is for personal interview (even otherwise it is required because my wife has already used EAD).
Click to expand...
Umm.. My wife's stamped H4 visa expired on 05/03. So its more than a year now ..But then she got her H4 extension last month ..there was an RFe on her H4 extension and we got the approved H4 after a Year ..
So I dont know ....
As far as all the documents required that are listed by tammy2 here ...I dont know ...how can an employer hand us W2 information of all the employess ..?
Let me find more info on this and will get back to you soon..
Take care ..
NVC
 
NVC said:
Umm.. My wife's stamped H4 visa expired on 05/03. So its more than a year now ..But then she got her H4 extension last month ..there was an RFe on her H4 extension and we got the approved H4 after a Year ..
So I dont know ....
As far as all the documents required that are listed by tammy2 here ...I dont know ...how can an employer hand us W2 information of all the employess ..?
Let me find more info on this and will get back to you soon..
Take care ..
NVC
Click to expand...

FYI
 
Nvc

NVC,
My wife went for 2nd H-4 visa at Mumbai Consulate 2 months back. To apply in drop box or interview is up to the officer at the consulate. Things have changed now. So needs to take all her documents and go to Tirupati Apts. opposite Mahalaxmi Temple where initial screening is done. There the officer will tell you whether u have to go for interview or not. If you have to go for interview, they will give u interview date. If drop box, then u hand over H-4 and passport and go home. Passport should arrive thru courier in 3 days. Make sure ur wife has a copy of ur passport, H-1 visa (even if expired), copy of ur I-94 and also ur original H-1 approval notice. This sounds wierd but they did ask for my approval notice and luckily I had sent her my original H-1 approval notice. She got her passport with the stamp in 3 days.

NVC said:
Umm.. My wife's stamped H4 visa expired on 05/03. So its more than a year now ..But then she got her H4 extension last month ..there was an RFe on her H4 extension and we got the approved H4 after a Year ..
So I dont know ....
As far as all the documents required that are listed by tammy2 here ...I dont know ...how can an employer hand us W2 information of all the employess ..?
Let me find more info on this and will get back to you soon..
Take care ..
NVC
Click to expand...
 
Hi pathikb

pathikb said:
NVC,
My wife went for 2nd H-4 visa at Mumbai Consulate 2 months back. To apply in drop box or interview is up to the officer at the consulate. Things have changed now. So needs to take all her documents and go to Tirupati Apts. opposite Mahalaxmi Temple where initial screening is done. There the officer will tell you whether u have to go for interview or not. If you have to go for interview, they will give u interview date. If drop box, then u hand over H-4 and passport and go home. Passport should arrive thru courier in 3 days. Make sure ur wife has a copy of ur passport, H-1 visa (even if expired), copy of ur I-94 and also ur original H-1 approval notice. This sounds wierd but they did ask for my approval notice and luckily I had sent her my original H-1 approval notice. She got her passport with the stamp in 3 days.
Click to expand...
Thanks for your response..
So this place Tirupati apartments ..does she have to go like early in the morning or some thing ?
Dont remind me of Mahalakshmi ..miss my Haji Ali Juice center ...a lot :rolleyes:
NVC
 
no she can reach there at 8am. it should be fine.

NVC said:
Thanks for your response..
So this place Tirupati apartments ..does she have to go like early in the morning or some thing ?
Dont remind me of Mahalakshmi ..miss my Haji Ali Juice center ...a lot :rolleyes:
NVC
Click to expand...
 
NVC said:
Umm.. My wife's stamped H4 visa expired on 05/03. So its more than a year now ..But then she got her H4 extension last month ..there was an RFe on her H4 extension and we got the approved H4 after a Year ..
So I dont know ....
As far as all the documents required that are listed by tammy2 here ...I dont know ...how can an employer hand us W2 information of all the employess ..?
Let me find more info on this and will get back to you soon..
Take care ..
NVC
Click to expand...

One of my friend also got into same problem at Chennai. He had to go to India due to some family urgency and was stuck there for H1 visa stamping. We sent the photographs of the office, photographs of employees working in the office and other documents as listed in the link provided by tammy2. He was also asked about W2 of all employees, which obviously the companies cannot issue in most cases. We provided a consolidated statement from the company which listed the total number of employees and the consolidated details of W2 e.g total basic salary of employess, tax deducted etc.
This worked and he got his visa stamped. He came back to US last month.
 
Raju ...

Thanks Pathikb. Tammy. GC_gonecase...

Raju ..
Did you read the post from NBASETTI ...his 140 got rejected after RFE on education..worst thing is his 485/765/131 got rejected too..
NOW I am SCARED !!!!!
Cant wait to get home and check my Labor document to see exactly whats on my labor..
 
NVC...it is too bad...

If NBASETTI's I140 is rejected then mine will be on line. My attorney told me that Computer science or engineering means any engineering degree. I hope he is true. if it says equivalent or if it is computer science/engineering the candidate should have computer related degree.

I am hoping against hope my I140 gets approved with issues with 'company's ability to pay and the change of category from EB2 to EB3'. I don't know what happens with my Civil Engineering PhD degree but with research oriented real time software development. They may consider my 2 Masters, PhD and 10 years experience is not equivalent to the lousy US Bachelors degree. I know the capability of US Bachelors guys when I interview them at work place.

If it gets denied I will take it as 'what ever happens is for good'. I am sick and tired of this country targeting hard working law abiding individuals.

Even though I have another 2 years on H1, in the event of denial I wouldn't be able to continue with the hardship of feeding middle men headhunters.
 
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