Thursday, June 9, 2011

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  • gc_chahiye
    10-26 03:52 PM
    W... For regular applications, they don't even have a column asking for any valid reason.
    ....

    Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:

    An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or

    but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).

    Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.





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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


    Interesting! Thanks for the correction





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  • dwhuser
    06-15 08:40 PM
    This is my openion.

    POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.

    What is a EVL letter ?





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  • mdmd10
    08-29 08:37 AM
    yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.

    The truth will set everyone free.



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  • dealsnet
    05-07 01:35 PM
    Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
    Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.

    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.





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  • she81
    07-13 01:46 PM
    Add: "None of the above" and "All of the Above" - or have checkboxes instead of radios.



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  • chanduv23
    09-17 03:27 PM
    I am out - SEE YOU ALL IN DC





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  • haider420
    03-04 12:57 AM
    and for god sake, please update your profile.

    just did for your convenience :)



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  • Saralayar
    05-18 09:26 PM
    Hello Freinds.

    After a long wait of 8 years today i got an RFE i don't know what the RFE is all about and will be waiting to get the letter in the mail, do you know how much time does it takes for the paper RFE to come to your lawyer.

    RFE was issued today but unlike the email which i got says the status on hold, thats strange

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    is this normal or is this is an indication of something wrong and bad.

    Please do advice gurus


    Best Regards

    Saburi
    Saburi,
    Did you recieve your RFE?. Please share the details so that we can have an idea of what types of RFEs are coming from USCIS.





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  • jediknight
    04-05 09:56 AM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK



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  • Libra
    01-11 12:44 PM
    insbaby, please send letters to President and IV, it may help us. It will take only 5 mins to sign a letter and mail it. please show your support for IV.

    True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.

    If you get it by 25, you have some years to go hit something for your life.

    I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.





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  • number30
    03-23 07:51 PM
    Hello,

    My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.

    My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.

    Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?

    Thank you,


    Team

    No Risk involved. You can do a premium processing if required.



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  • Nitu Singh
    06-12 10:33 PM
    Thanks for the prompt reply and need clarification on few more things....
    like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
    1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
    2) How it will effect the future GC process by new Co.?

    need your suggestion on these too:
    3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
    how things will work out to stay on H1 status?
    4) what I should discuss/need to clarify with new empl before making a move ?

    thanks!





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  • 4move
    10-12 07:29 PM
    I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.



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  • jaggu bhai
    08-23 11:53 AM
    Yes.....HIb is correct....
    As she is free, she is planning to finish her studies in 1.5years....
    as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
    Anyways the process itself will take 3months......as per current times.

    Miracle or no miracle will be the point now???





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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


    Interesting! Thanks for the correction



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  • apnair2002
    09-08 02:12 PM
    Great Work Shilpa





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  • buehler
    01-14 07:13 PM
    My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?





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  • eastwest
    04-16 04:08 PM
    You dont have to answer that question. They have all your records, just provide your A# and they will find out.

    I chose to answer the questions with * only which are required fields.

    Thanks





    joshNJ
    06-29 12:06 PM
    if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?

    thanks





    kumarr
    06-12 09:28 PM
    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.



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