Friday, June 24, 2011

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  • qualified_trash
    11-07 03:52 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR
    actually, they should need no supporting docs on subsequent visits (my parents came the first time with supporting docs). the second time, just the ticket and that was after 9/11 so...........

    GCneeded seems to be inordinately concerned about supporting docs etc......





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  • gc_hopful
    06-04 04:06 PM
    Hi,
    My status on the DOL website shows 'CERTIFIED'. How long after status 'certified' will the attorney get hard copy of the approval notice so we can proceed wth I-140. It has been almost 1 and 1/2 weeks since I saw my status as certified.
    Also, how soon after applying I-485 can we travel abroad.

    Thanks in advance.
    GC_HOPFUL





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  • royus77
    06-29 11:48 AM
    I am looking to this poll as it will really help where i am in the filing process .





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  • rajenk
    02-11 03:57 PM
    I-485 RFE details.

    Needed evidences:

    1. 2 Passport size photos in USCIS specs.
    2. Form I-693 completed by civil surgeon.

    We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?



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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...





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  • transpass
    08-04 11:17 AM
    Hey, great example and at a good time.

    ....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....



    May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...

    I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D



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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.





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  • katrina
    07-21 04:58 AM
    As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485



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  • saratswain
    11-06 12:27 PM
    I did not have it either and I had tow A# number for me. This is what my lawyer did

    > Wrote a letter citing ref# to the porting rule
    > Submitted evidence

    I did it through my company attorney. I have full access to her though.

    Please send me a personal msg and I can give templates for the letter, it might help.

    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.

    Did you use your own attorney?

    --Kiran





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  • bitzbytz
    05-13 03:05 AM
    finally...now what?



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  • diptam
    08-06 12:13 PM
    Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.

    Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.

    Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
    What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?

    let me know quick please..





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  • fromnaija
    03-08 05:53 PM
    Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.

    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.



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  • ps57002
    10-17 10:00 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .

    My case also similar:

    PERM Applied - 04/24/2007 - EB3.
    Perm Approved - 08/14/2007.
    I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
    I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
    Received USCIS on 08/17/2007.
    Waiting for Receipts.
    Don't know whether it will be accepted or will get an RFE.
    Hey keep me posted on your status.
    I can be reached at sudhakar226@yahoo.com or 862-754-8326.
    Good Luck.

    UPDATE:
    My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...

    my concerns..
    case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska

    4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.

    they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???

    I hope you hear something soon too...keep me updated.





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  • morchu
    05-05 02:02 PM
    Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
    Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.

    Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.



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  • a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:



    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    16
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".





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  • gimme_GC2006
    09-13 06:50 PM
    Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.

    My PD is Aug 06 .. post yours :-)

    good..poll...I hope every one votes..

    { Gave you a green }



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  • chintu25
    07-26 12:52 PM
    There is NO such information on ........Please give the name and id of the person u are referring to on Track itt





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  • bfadlia
    03-15 09:26 AM
    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.





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  • msadiqali
    05-22 08:59 PM
    Not sure what the big deal is..those guys looted the world anyway..
    be happy that they are not thrown in jail..brain drain in these kind of activities is what is needed..put your brain to good use and not just in creating junk papers..





    vin
    09-26 07:18 PM
    Congrats dude. make the most out of it!!





    anilsal
    12-20 03:21 PM
    How do you know Lou or Sen.Sessions will even consider accepting the invitation from Jon or Stephen?



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