Tuesday, June 7, 2011

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  • gc_chahiye
    11-29 04:38 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?

    thanks.

    Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
    Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...





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  • gckalafda
    03-20 11:46 AM
    RoseBall,, here is my query..Please answer


    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks





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  • h1techSlave
    11-18 05:39 PM
    Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.

    Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.

    If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
    EB3 --> GC when you are ready to marry off your grand children
    EB2 --> GC when you are ready to marry off your children

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • das0
    06-22 09:30 AM
    [QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.



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  • hoolahoous
    02-10 10:50 AM
    while you breached contract, the broke the law. tell them that you going to report them to DoL and see what they say.


    ------------------------------------
    I am not a lawyer. do not take my advice as legal advice.





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  • H1B-GC
    05-14 04:36 PM
    Back in late 2004 there were no. of EB3 GC's getting approved after a Long wait of 2-3 yrs of filing I-485's.Then All of a sudden towards the EOY the retrogression kicked in for EB3's. Might be coincidence but all the Depts. work in Tandem and they might know all the Inside information..



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  • rsdang
    06-13 01:29 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Details at -

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • Michael chertoff
    06-19 11:50 AM
    wife is a bug that can't be debugged no matter what's the fix

    You can use Divorce debugger, it is a good tool :rolleyes:



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  • indiandude
    10-19 04:22 PM
    Hi,

    Can anyone share experience applied for PIO at CGI Houston ? I am planning to apply for PIO for my son. Can you please suggest what are the documents needed ?

    Thanks !





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  • nfinity
    07-09 10:15 AM
    Before she changes her job so soon after I-485 approval. Make sure you understand the consequences of not staying with your petitioning employer.

    Your intent may be questioned during Naturalization process. Talk to an attorney. I dont think people can just switch employers after 485 is approved rightaway.

    Just my 2 cents



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  • chandra_mb
    03-10 10:01 AM
    Hello,

    My wife is planning to convert from H4 to H1 for dentist.

    1) Does she need a dental license to apply for H1 ?
    She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here

    2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)

    Please help !

    Thanks !!





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  • texcan
    08-13 11:18 PM
    I got LUD on two 140's for 8/12/07.

    Based on so many LUDs, my hunch is it might be data check for 485 entry.
    or it does't mean anything.

    if checks are cashed in a day or two, then it surely is 485
    or does USCIS deposits checks first.

    LUD on so many cases cant be a coincidence.

    my 2 cents



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  • Arvin_H1
    08-18 10:47 PM
    Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.

    What made USCIS think that your educational background is not Computer Science? any idea.

    I did B.E in Computer Science Engg, 4 yrs Course.

    I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

    That's all i know at this moment. I don't know whom to trust at this point.





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  • maru
    09-13 02:06 PM
    hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?

    thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.



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  • diptam
    06-05 10:40 PM
    First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...

    Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....

    There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...

    I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?

    Thanks





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  • vinzak
    01-04 11:34 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..

    When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.

    Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!



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  • vedicman
    08-30 09:08 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.

    Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.





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  • redcard
    10-05 08:29 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...





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  • sunny1000
    06-06 07:09 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Where did you hear this? Can you please let us in on your source(s)?





    goel_ar
    08-20 02:12 PM
    it is very easy to get it done. You take money , go to scotia bank branch - there are tons of them there & get it done. Takes about 5 min. only. But go to Canada a day before to avoid any problems.





    reedandbamboo
    09-14 10:37 AM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

    OR,

    it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..



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