Monday, June 13, 2011

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  • insight08
    02-01 02:22 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    --I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".

    Relax and enjoy!!!




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  • tamil12
    10-15 02:04 PM
    I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.




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  • deepakjain
    01-08 09:44 AM
    Interview date 9th dec 2009
    Submitted all documents 10th dec 2009 as mentioned below:-

    1) Petitioner's Federal Income Tax returns
    2) Petitioner's state unemployment wage reports for last 4 quarters.
    3) Letter from end client in US on letterhead indicating your services are expected.
    4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
    5) Copy of contract between petitioner and contracting company with detailed job itinerary.

    Till date I together with my employer have written 6 emails but there is no response.
    I personally visited mumbai Consulate information center but they did't ave me any answer.


    Can anyone please tell me how long this whole process will take?

    Is there any chance that such case goes into endless loop?

    My house and all belongings are in U.S. and I am clueless as what to do


    I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.

    Regards,
    Deepak




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  • GCBy3000
    11-09 03:32 PM
    Does anyone have exact idea on what is meant my PD portability. I have my i140 approved on locaiton A. Then I moved to location B and started a new labor and filed for 140 last month.

    There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?



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  • CantLeaveAmerica
    04-10 09:27 PM
    CantLeaveAmerica

    The officer asked several questions

    Where do I work
    What is my job title
    Am I married
    Do I have Kids
    What is my current address and proof of it.
    What is my wedding date
    Hav I travelled out of USA from last entry
    Did I ever get any money in form of help from Immigration
    Checked my pay chq (current) and w-2 for 2007.
    Asked for Employment verification letter
    Asked to show I 94 card

    Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below

    Do I have any illegal kids (hahaha)
    Was I ever involved with any terrorist org
    Have I ever tried to being in ilegals to USA
    Have I ever worked as a Prostitute (lol)

    In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM

    The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.

    Hope this helps people out here........Good Luck ALL.

    Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
    Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?




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  • mhtanim
    07-21 08:07 PM
    In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
    Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.

    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.



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  • LostInGCProcess
    03-03 12:02 PM
    Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.

    As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.

    Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.

    Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
    Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
    Thanks.




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  • PD_Dec2002
    08-05 11:04 PM
    I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi

    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant



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  • mammoy2k
    11-13 05:49 PM
    you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.

    Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.

    Thanks for your response.




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  • NKR
    09-22 09:00 AM
    Thats what GC means to me.

    On the other hand...Its just the current state of mind...

    You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

    But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
    .

    Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.



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  • foobar2001
    03-10 11:07 AM
    My 485 got approved 3 months back. Once the status showd "Card Production Ordered". Then changed to "Post Decission Activity". I received the Welcome lettter that i have been grnated permanent resident statusI called USCIS some 45 days back. They mentioned the card has been mailed and file another I-90 mentioning my card is lost. I told them i have not received it at all and asked why i need to spend money and file I-90 again when i did not receive it at all. They said file I-90, thats all. I took infopass appointment. The IO at infopass gave same answer. We mailed the card, its lost, we did not receive it back, file I-90.
    I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.

    I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.

    Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
    MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)




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  • guy03062
    04-17 11:22 AM
    Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.

    Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?

    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.



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  • Sachin_Stock
    02-03 10:42 AM
    I have a question.

    I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

    I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

    Is that true? Is there anyone in my situation who has done this porting successfully?

    Any help will be greatly appreciate.

    Thank you,

    That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.




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  • gcformeornot
    05-15 08:36 AM
    who think if they close their eyes, their problems will go away....:D



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  • SAPGURU
    07-11 03:53 PM
    I am not sure if my previous employer will support, even i am not sure if they have sent a I-140 cancellation request to USCIS.

    Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.




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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/



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  • anandrajesh
    05-04 01:59 PM
    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.

    You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.

    I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.




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  • nirdlalegcade
    02-26 12:37 PM
    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?




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  • nsveta
    04-23 03:39 PM
    I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
    Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..

    gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.




    chanduv23
    06-06 11:34 PM
    Hi
    I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..

    Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?

    Thanks
    kp

    If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.




    uma001
    08-13 04:33 PM
    I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....

    Why should India copy them? India will put a different clause



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