Wednesday, June 15, 2011

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  • hello
    11-29 02:50 PM
    I did not ask a lawyer.I saw this post and just asked the question.Thank You.




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  • fester8542
    05-27 09:34 PM
    golgi Your ugly arse site was moooooooooooving...

    This has to be the strangest battle ever! Leave it to you to come up with an idea like that...




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  • sb15
    01-31 04:43 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.

    You are fine my friend if you applied in EB3. In EB3 you can apply as skilled worker or professional, if you applied as skilled worker you will get the approval for sure. If you applied as professional you may need to get education evaluation done, ofcourse you can combine your degrees to make equivalent to US bachelors as your labor allows it.

    If your application is in texas, they will not reject based on education for sure( i don't know about your company financial status) they are very liberal. If your application is in Nebraska they may send RFE for education evaulation (if you didnt submit it with your application).

    On the whole don't worry about education column as your labor gives the flexibity of combining the degrees, you will get approval for sure if your company financial status is good.

    Hope this information helps..
    Thanks
    SB




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  • BharatPremi
    07-11 11:18 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz

    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)



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  • Ramba
    07-27 03:31 PM
    In very rare ocassions people get to know that their 485 is preadjudicated.

    Check out this case
    http://immigrationvoice.org/forum/344724-post54.html

    Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)

    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.




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  • kaisersose
    12-07 04:43 PM
    I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

    Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)

    Sorry buddy....I know 4 of my friends who got their GCs through EB1 within a year - all project managers. The key piece of documentation required by USCIS was an official org chart from the company showing people reporting to the applicant both back in the foreign country and currenty in the US.

    Now it is certainly possible that some applicants were rejected because the IO was not convinced, but I know four people who sailed through without RFEs.



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  • gsc999
    02-08 10:33 PM
    well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
    my question is:
    since we don't know if he will or not. I need to know if i can start my paper with the immigration?
    because if he goes to jail.. how we will do the interview if he is not here to go?
    what i can do??
    somebody can help me?:confused:

    Hello estrela,

    Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.

    This forum is dedicated to the plight of high-skilled employment based immigrants.

    Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.

    Best of luck




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  • NKR
    06-04 05:02 PM
    They might not send one to you if you request over the phone, this is for your own security since you keep hearing about cases where personal identity is stolen. If you have an online account, log in and send a request from there, they might send it to your email for a nominal fee though I am not sure. I got mine from Bank of America for 10$



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  • pmat
    01-31 02:18 PM
    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna


    I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.




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  • spoly
    09-17 01:43 PM
    Dear folks,

    I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
    Written to the forum and called in several times, was promised to get a call back.
    And was not contacted, nor called.

    And here is my message for you:
    You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
    You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

    Best of luck.



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  • pankajkakkar
    03-05 07:09 PM
    Please email me (kakkar_pankaj@hotmail.com) and I'll try to get us co-ordinated.




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  • dj1234
    02-12 02:59 PM
    Rishikesh:

    How much time did NSC take to approve your I-131 after you submitted the RFE?

    I am in the similiar situation.

    Please reply. Thanks


    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94�s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]



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  • satyasaich
    06-12 10:29 AM
    Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
    Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
    I have seen this happening so many times
    If employee choses a different option to stay legally, that's up to the employee
    If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?




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  • ebizash
    06-20 01:53 PM
    My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.

    The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)

    P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.

    PM me if you have any question....



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  • Appu
    04-08 05:56 PM
    I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:

    http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf

    Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
    patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
    � Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
    � Permit the government to keep the reason for that denial a secret;
    � Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
    � Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
    and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.




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  • rheoretro
    09-25 05:22 PM
    I got denied by discover credit card due to not having a green card.
    They said, it is just their policy that they won't give credit cards to
    people who don't have green cards.
    I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.

    Though i have a mortgage now, my first mortagage application got denied on same grounds.

    Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.

    But most of the lenders do mortgages anyways even for the people who does't have a ssn:).

    Discover Card is a bit picky...I applied a second time around and they approved it.

    Student loans - federal loans require full citizenship.



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  • snhn
    12-04 10:02 AM
    with this type of money and job, you should have filed for EB2.. why EB3




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  • sobers
    06-02 10:40 AM
    you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.




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  • reddymjm
    09-16 03:05 PM
    I called.




    Berkeleybee
    02-14 03:06 PM
    Thanks for the link to the 2005 report, Arihant.

    Will look for stats for the next iteration of the presentation.




    bluekayal
    02-25 05:21 AM
    I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..



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