NH123
05-15 12:02 PM
Case Rejected because of Incorrect Fee
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I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
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Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
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Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
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gcgreen
08-12 01:12 PM
I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.
The AC21 language is very clear: "same or similar occupational classification"
It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.
Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)
As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
The AC21 language is very clear: "same or similar occupational classification"
It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.
Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)
As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
suresh.emails
08-07 05:38 PM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
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nandakumar
05-15 01:42 PM
I agree,
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
more...
glen
05-25 12:36 PM
Met3259, thanks for informative post. I for sure was not aware.
CWYGC
04-01 10:47 PM
Sent both fax
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Green.Tech
06-27 02:36 PM
Janak et. al.
Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.
Get a life man!
Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.
Get a life man!
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delax
08-05 09:30 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
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FinalGC
03-26 11:50 AM
I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.
Thanks from Michigan
Thanks from Michigan
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doggy
07-21 07:19 PM
Hi,
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
:-). Good try. Well, anybody can hide their number using the *67 !!
Ask Donna. It went on her Bright Future Jobs email list, not on the site. It's supposed to be a secret call of the Antis.
I have been fighting the Anti-immigrant propaganda for a long time, okay? Just because I created a new nym to hide my actual identity doesn't mean what I post is untrue.
Of course, unless you are trying to divert people. :-). You took all the trouble of creating a new ID to denounce this? Surprising.
By the way, folks. The number is not a private number. I did a google search on the number, and looks like it's used by a lot of people for hosting conference calls. Probably some kind of service.
http://www.google.com/search?q=(219)+509-8111
See you there.
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
:-). Good try. Well, anybody can hide their number using the *67 !!
Ask Donna. It went on her Bright Future Jobs email list, not on the site. It's supposed to be a secret call of the Antis.
I have been fighting the Anti-immigrant propaganda for a long time, okay? Just because I created a new nym to hide my actual identity doesn't mean what I post is untrue.
Of course, unless you are trying to divert people. :-). You took all the trouble of creating a new ID to denounce this? Surprising.
By the way, folks. The number is not a private number. I did a google search on the number, and looks like it's used by a lot of people for hosting conference calls. Probably some kind of service.
http://www.google.com/search?q=(219)+509-8111
See you there.
more...
aquarianf
07-19 09:59 AM
This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
Medical is one of the initial evidence so it should not be skipped otherwise it may be rejected.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
Medical is one of the initial evidence so it should not be skipped otherwise it may be rejected.
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desighee
07-25 04:47 PM
Take a chill pill.
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
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mailmy_gc
10-29 02:58 PM
Guys,
On 100th Day !! I got CPO.
Looks like GOD showd mercy on me.
Thanks,
Sri
On 100th Day !! I got CPO.
Looks like GOD showd mercy on me.
Thanks,
Sri
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anai
07-19 02:28 PM
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
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priderock
09-19 03:30 PM
No one can expect the result on the second day after the rally. And I get RED for stating the obvious :(
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immi_enthu
08-22 10:56 AM
No, he is a good person he can do that
Reason he is member of IV
I think jfredr is talking about requesting Greg to post the content at AILA
Reason he is member of IV
I think jfredr is talking about requesting Greg to post the content at AILA
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gcformeornot
12-13 04:10 PM
I work for a very large Auto company. Now a days most of the new guys are coming on L1 visas. They work like H1 would work at client.
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
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mirage
03-11 04:35 PM
No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial.."non answer" meant they didn't answer his questions but rather gave some vague reply of how h-1 was good for usa.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
If I was on the receivng end of that response; I would have thought that these guys are playing with me and by not answering the quesitons; then they are obviously trying to hide something. Therefore, I will attack them in another way to make them conform to the behaviour I want.
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anshal
12-30 08:13 PM
R u serious? Is this really a serious question??? R u soooooooooo desperate to change ur employer that u cant wait for one more day? And that too a holiday...LOL joke of the day!!!
31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?
31st is a working day for me, if 180th day is 31st than does the employer lose the ability to revoke 140 from the 31st or 1st?, Does it mean than USCIS should receive revokation request by 31st or that the request can be postmarked by the 180th day?
x1050us
07-19 10:24 AM
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.
Kitiara
02-12 04:52 AM
Kit your castle was wild, was it done from a photograph? Yeah, I used one of my old holiday snaps as a reference. One of the places I used to get taken on holiday to when I was a kid was up near Gloucester, and there was this old ruined castle. Used to love going there, and in the middle of this battle I suddenly remembered it and dug out my old photos. Had that next to me while I was drawing it. :)
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