Saturday, June 25, 2011

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  • smisachu
    06-09 08:25 PM
    Can you be more specific. In India you have 3 year diploma and then 4 year BE. The 4 year BE is same as 4 year BS here, plus the MS puts you in form for an EB2 category if the job requires a MS.

    If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.

    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti




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  • Beemar
    04-02 12:56 AM
    Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

    If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??




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  • nrakkati
    08-15 01:52 PM
    was it send to nebraska or texas ?

    Nebraska.




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  • kondur_007
    05-12 08:14 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days


    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases


    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.

    Right on point. To your list, you can add EB1-C cases.
    At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
    My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
    In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...



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  • aristotle
    04-05 06:52 PM
    You can get an extension using A's 140 only if it was not revoked.

    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

    Thanks!!




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  • sixburgh
    08-13 11:01 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.

    Exactly.
    I should be fine!
    I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
    Than going out of status completely.
    Isnt that a good plan?

    But no, someone is scaring me, is all.

    I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.



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  • gbof
    04-08 07:40 PM
    are 2 locations based on states where you live.

    Dallas and Phoenix.
    If you live in:

    Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

    Mail your application to:

    USCIS Phoenix Lockbox

    For U.S. Postal Service (USPS) deliveries:




    USCIS

    PO Box 21281

    Phoenix, AZ 85036

    For Express mail and courier deliveries:


    USCIS

    Attn: AOS

    1820 E. Skyharbor Circle S

    Suite 100

    Phoenix, AZ 85034




    Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia




    USCIS Dallas Lockbox

    For U.S. Postal Service (USPS) Deliveries:



    USCIS

    PO Box 660867

    Dallas, TX 75266



    For Express mail and courier deliveries:



    USCIS

    Attn: AOS

    2501 S. State Hwy. 121 Business

    Suite 400

    Lewisville, TX 75067

    Yes, friend. My I-140 was approved from TSC and also my I-485 is pending at TSC and since 'm currently in Indiana, I had (reluctantly) mailed at Phoenix. Hoping for GC before EAD (wishful thinking). Amen !!




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  • raju6855
    02-02 09:33 AM
    Thx for your reply.

    But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.



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  • sash
    06-20 04:03 PM
    OMG are you guys saying dont travel even in emergency situations?!!




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  • ragz4u
    02-19 08:12 PM
    I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

    I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

    These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

    This is what we are planning to do in the next few days:



    Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas



    Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.



    Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.



    Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.



    Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.



    One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

    Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

    That is all from me for now. We plan to take action and meet again soon.

    Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

    Thanks Everybody for your support and time.

    It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.

    Hopefully other teams will take a cue from this and get together for achieving our target.



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  • 750|140|765|131|485
    11-24 12:43 AM
    If your co-worker is giving you the letter it makes more sense to have it notarized to make sure that he really signed it - Its okay if he signs in front of Canada or other countrie's notary public. Since this an RFE - you dont want to take any chances.

    In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!

    ************* general layout , change accordingly ************

    January 01, 2007


    US Citizenship and Immigration Services
    Nebraska Service Center
    P.O. Box 87140
    Lincoln, NE 68501-7140

    Re: XXXX XXXXX


    TO WHOM IT MAY CONCERN:

    I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

    During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.

    Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.


    Sincerely,



    ___________________________________
    Mr. ZZZZ ZZZZZ
    Designation
    Company Name

    **************************************

    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.




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  • at0474
    01-09 03:45 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))

    --LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.



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  • larmani
    04-29 01:50 PM
    Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.




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  • stemcell
    03-07 11:53 PM
    Londontown

    sorry to hear about your denial.

    Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

    I am not sure if this process is followed for everyone as each case has its variables.....
    hope this helps...



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  • snathan
    05-01 11:55 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.




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  • sameet
    04-14 03:20 PM
    With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

    Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.

    Let me get this straight:

    I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.

    Just wondering if this situation would raise doubts in the IO's mind.



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  • dakajo
    12-14 09:07 AM
    I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

    Thanks!

    I-485/I-765 filed July 6, 2007 - EB3
    I-765 approved Sept. 11, 2007
    I-131 filed Aug. 1 2007 & pending
    FP completed Dec. 04, 2007




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  • ArkBird
    03-11 07:33 PM
    One BIG RED I see in your profile is you filed in July, 07 and changed job in Dec, 07. Did you waited for 6 months to change the job?



    Hi All,

    EB3-ROW PD: June 6, 2005
    AOS application sent: July 1, 2007
    I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

    My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

    Thanks a lot for all your support!!




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  • permfiling
    02-01 09:52 PM
    Hello there

    I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

    Thank you
    Chaitanya


    If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are

    1. Working on F1 without work authorization from school is deport able
    2. Not maintaining grades also will result in loss of admission


    It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.




    bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..




    pd_recapturing
    09-26 04:31 PM
    Which number did you call to get the recipt numbers? What info did you have to provide?

    Thanks.
    800-375-5283
    Options 1-2-2-6-2-2-1

    u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.



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