Saturday, June 11, 2011

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  • shimul99
    09-20 04:15 PM
    is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

    your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.





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  • CaliHoneB
    01-11 01:06 PM
    Hi,
    I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
    My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
    Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
    I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.

    I would appreciate your input

    Thanks in advance





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  • GCnightmare
    08-28 08:58 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.





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  • CRAZYMONK
    09-27 10:56 AM
    You have to file PERM again also I140



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  • ThinkTwice
    11-29 06:37 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.



    I was in a similar situation.. not exaclty the same...
    I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.

    - I called my unversity and asked them to send me a detail syallbus of the courses I attended
    - A letter from a third part evaluator
    - An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
    - A detailed letter from the attorney.

    looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.





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  • bestia
    01-26 08:52 PM
    What was RFE about?



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  • crystal
    07-13 11:45 PM
    I cam through Fankfort in last dec using AP. No worries.
    Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.





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  • alparsons
    January 1st, 2005, 02:26 PM
    by the way the reason that strobe is tricky (I didn't say on previos post). is that you can't see the exact efect of the lighting through the camera



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  • CaliHoneB
    09-21 10:58 AM
    There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody

    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.





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  • gcmaya
    10-30 08:46 AM
    Hi all

    When I checked my email on Saturday I got 10 emails from USCIS.
    5 of them for my 485, 5 of them for EAD I applied in 2004.

    My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)

    Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
    On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

    I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.


    I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.


    Any one got similar emails......
    __________________
    Thanks



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  • gcformeornot
    09-27 08:58 AM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you
    right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.

    My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.





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  • Paisano
    04-16 10:30 AM
    This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.

    The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.

    The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.

    Yours is the third case of this nature I heard this week.



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  • Widget
    05-25 06:51 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!





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  • Almond
    07-18 09:00 AM
    My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!



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  • va_dude
    05-04 11:08 AM
    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





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  • rally
    07-19 12:03 PM
    Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.

    I read in another forum that 90-day count starts from the received date.

    I am not sure though!



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  • ronnie0479
    12-19 01:30 PM
    I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.

    I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.

    Please advise. what are the chances of approval of my case.

    Thanks in advance.


    They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.

    Please Provied more info about you case......





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  • ragz4u
    02-03 03:01 PM
    Ragz,

    I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.

    If you guys are decided on the presentation, then i can go ahead and book the appointment.

    Check your private message too!





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  • GoneSouth
    07-18 04:16 PM
    Anyone got a working link for this? I had at one point, but now I can't seem to find.





    texanguy
    05-10 05:56 PM
    Dear friends,

    has anyone applied for an endorsement of new passport information on PIO card with Travisa? How long did it take them to do it?

    Also, does anyone know if they accept walk-in applications? (Houston)...





    indianabacklog
    02-13 08:30 AM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.


    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.



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